Point.12. Malicious Code:
Writing, offering, making available, distributing or transmitting malicious code through an information system with an intent to cause harm to any information system or data resulting in corruption, destruction, alteration suppression, theft or loss of information system.
Section. 23 POECA
Malicious Code:
Whoever willfully and without authorization writes, offers, makes available, distributes or transmits malicious code through an information system or device, with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration, suppression, theft of loss of the information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or with both.
Explanation:
For the purpose of this section, the expression "malicious code" includes, a computer program or a hidden function in a program that damages an information system or data or compromises the performance of such system or availability of data or uses it without proper authorization.
13. Cyber Staking:
Doing Cyber Staking with an intent to coerce or harass any person by using information system, information system network, internet website, electronic mail or any similar means of communication.
The term Cyber Staking includes:
(a). foster personal interaction repeatedly to a person who clearly indicates a disinterest from the stalker;
(b). monitor the internet, electronic mail, text message or any other form of electronic communication of another person;
(c). watch or spy upon a person in a manner that results in fear of violence or serious alarm or distress in mind of such persons.
(d). take photograph or make video of a person and display or distribute such video in a manner without his consent that harms a person.
Section.24:
Cyber Staking:
(1). A person commits the offence of cyber staking who, with the intent to coerce or intimidate or harass any person, uses information system, information system network, the internet, website, electronic mail, or any other similar means of communication to,.....
(a). follow a person or contacts or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person;
(b). monitor the use by a person of the internet, electronic mail, text message or any other form of electronic communication;
(c). watch or spy upon a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such person; or
(d). take a photograph or make a video of any person and displays or distributes it without his consent in a manner that harms a person.
(2). Whoever commits the offence specified in sub-section (1) shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both:
Provided that if victim of the cyber staking under sub-section (1) is a minor the punishment may extend to five years or with fine which may extend to ten million rupees or with both.
(3). Any aggrieved person or his guardian, where such person is a minor, may apply to the authority for removal, destruction of or blocking access to such information referred to in sub- section (1) and the authority, on receipt of such application, shall forthwith pass such orders as deemed reasonable in the circumstances including an order for removal, destruction, preventing transmission of or blocking access to such information and Authority may also direct any of its licensees to secure such information including traffic data.
14. Spamming:
A person commits the offence of spamming who with an intent transmits harmful, fraudulent, misleading, illegal or unsolicited information to any person without permission of the recipient or who causes any information system to show any such information for wrongful gain.
Section. 25
Spamming:
(1). A person commits the offence of spamming, who with intent transmits harmful, fraudulent, misleading, illegal or unsolicited information to any person without permission of the recipient or who causes any information system to show any such information for wrongful gain.
(2). A person including an institution or an organization engaged in direct marketing shall provide the option to the recipient of direct marketing to unsubscribe from such marketing.
(3). Whoever commits the offence of spamming as described in sub-section (1) by transmitting harmful, fraudulent, misleading, illegal or unsolicited information, shall be punished with imprisonment for a term which may extend to three months or with fine of rupees fifty thousand which may extend up to rupees five million or with both.
(4). Whoever commits the offence of spamming as described in sub- section (1) by transmitting unsolicited information, or engages in direct marketing in violation of sub- section (2), for the first time, shall be punished with fine not exceeding fifty thousand rupees, and for every subsequent violation shall be punished with fine not less than fifty thousand rupees that may extend up to one million rupees.
Section.26
Spoofing:
(1). Whoever with dishonest intention establishes a website or sends any information with a counterfeit source intended to be believed by the recipient or visitor of the website, to be an authentic source commits spoofing.
(2). Whoever commits spoofing shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five hundred thousand rupees or with both.