In 2016, the National Assembly enacted the Prevention of Electronic Crimes Act (“PECA”) to provide a comprehensive legal framework to define various kinds of electronic crimes, mechanisms for investigation, prosecution and adjudication in relation to electronic crimes.
4. Whosoever prepares or disseminates any Hate Speech, information that invites motivation of people to fund or recruits for terrorism through any information system or device.
Section.11:
Hate speech
Whoever prepares or disseminates information, through any information system or device, that advances or is likely to advance interfaith, sectarian or racial hatred, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Section.12
Recruitment, funding and planning of terrorism:
Whoever prepares or disseminates information, through any information system or device, that invites or motivates to fund, or recruits people for terrorism or plans for terrorism shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
5. Electronic forgery and electronic fraud committed by interfering with any information system, device or data or data with the intent to cause damage or injury to the public; or to make any illegal claim; or title or to cause any person to part with property; or to enter into a contract; to commit fraud; alteration, deletion or suppression of data etc.
Section. 13
Electronic forgery:
1.Whoever interferes with or uses any information system, device or data, with the intent to cause damage or injury to the public or to any pe3rson, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to two hundred and fifty thousand rupees or with both
2. Whoever commits offence under sub-section (1) in relation to a critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to seven years or with fine which may extend to five million rupees or with both.
Section. 14
Electronic fraud:
Whoever with the intent for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or devices any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten million rupees or with both.
6. An act to manufacture, generate, adapt, export, supply, offer to supply or import any information system, data or device, with an intent to be used or believed that it is primarily to be used to commit or to assist in the commission of an offence under this act.
Section. 15
Making, obtaining, or supplying device for use in offence:
Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device, with the intent to be used or believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act shall, without prejudice to any other liability that he may incur in this behalf, be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
TO BE CONTINUE.....