Section 74, Section 75 and Section 79, Publication for fraudulent purpose

What Is Section 74

According to the section 74 “Whoever knowingly creates, publishes or otherwise makes available a 93 [Electronic Signature] Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. If any person knowingly creates, publishes or otherwise makes available an Electronic Signature Certificate for any fraudulent or unlawful purpose.

Punishment Of Section 74

The suspect of section 74 shall be punished

  • with imprisonment up to two years, or
  • with fine unto one lakh rupees, or
  • with both.

What Is Section 75

According to the section 75

(1) Subject to the provisions of sub-section (2), the provisions of this Act shall also apply to any offense or contravention committed outside India by any person, irrespective of his nationality.
(2) For the purposes of sub-section (1), this Act shall apply to an offense or contravention committed outside India by any person if the act or conduct constituting the offense or contravention of a computer, computer system or Computer network is involved. India.

section 74, 75, 79

Also read :- Section 65, Tampering with computer source Documents

Also read :-  Section 66, Hacking with computer systems , Data Alteration

Also read :- What Is Section 67, Publishing or transmitting obscene material in electronic form

What Is Section 79

According to the section 79-

1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him.

(2) The provisions of sub-section (1) shall apply if–

(a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; or
(b) the intermediary does not–
(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission;
(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.

(3) The provisions of sub-section (1) shall not apply if–

(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act;
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

Explanation For Section 79

For the purposes of this section, the expression “third party information” means any information dealt with by an intermediary in his capacity as an intermediary.

Punishment Of Section 79

According to section 79 of Indian penal code, Nothing is an offense which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Also read :- Section 69 IT act, Powers to issue directions for interception or monitoring or decryption.

Also read :- Section 70 of it act, Un-authorized access to protected system.

Also read :- Section 71, Penalty for misrepresentation And Section 72, Breach of confidentiality and privacy

Also read :- Section 73, Publishing False digital signature certificates

 

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