Lawgist69Power to issue directions for interception or monitoring or decryption of any information through any computer resource
1 [69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource.--(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
(2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to--
(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
(b) intercept, monitor, or decrypt the information, as the case may be; or
(c) provide information stored in computer resource.
(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
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1 Subs. by s. 34, ibid., for section 69 (w.e.f. 27-10-2009).
- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Authentication of electronic records
- 3A Electronic signature
- 4 Legal recognition of electronic records
- 5 Legal recognition of electronic signatures
- 6 Use of electronic records and electronic signatures in Government and its agencies
- 6A Delivery of services by service provider
- 7 Retention of electronic records
- 7A Audit of documents, etc., maintained in electronic form
- 8 Publication of rule, regulation, etc., in Electronic Gazette
- 9 Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
- 10 Power to make rules by Central Government in respect of electronic signature
- 10A Validity of contracts formed through electronic means
- 11 Attribution of electronic records
- 12 Acknowledgment of receipt
- 13 Time and place of despatch and receipt of electronic record
- 14 Secure electronic record
- 15 Secure electronic signature
- 16 Security procedures and practices
- 17 Appointment of Controller and other officers
- 18 Functions of Controller
- 19 Recognition of foreign Certifying Authorities
- 20 [Omitted.]
- 21 Licence to issue electronic signature Certificates
- 22 Application for licence
- 23 Renewal of licence
- 24 Procedure for grant or rejection of licence
- 25 Suspension of licence
- 26 Notice of suspension or revocation of licence
- 27 Power to delegate
- 28 Power to investigate contraventions
- 29 Access to computers and data
- 30 Certifying Authority to follow certain procedures
- 31 Certifying Authority to ensure compliance of the Act, etc
- 32 Display of licence
- 33 Surrender of licence
- 34 Disclosure
- 35 Certifying authority to issue electronic signature Certificate
- 36 Representations upon issuance of Digital signature Certificate
- 37 Suspension of Digital Signature Certificate
- 38 Revocation of Digital Signature Certificate
- 39 Notice of suspension or revocation
- 40 Generating key pair
- 40A Duties of subscriber of Electronic Signature Certificate
- 41 Acceptance of Digital Signature Certificate
- 42 Control of private key
- 43 Penalty and compensation for damage to computer, computer system, etc
- 43A Compensation for failure to protect data
- 44 Penalty for failure to furnish information, return, etc
- 45 Residuary penalty
- 46 Power to adjudicate
- 47 Factors to be taken into account by the adjudicating officer
- 48 Appellate Tribunal
- 49 [Omitted.]
- 50 [Omitted.]
- 51 [Omitted.]
- 52 [Omitted.]
- 52A [Omitted.]
- 52B [Omitted.]
- 52C [Omitted.]
- 52D Decision by majority
- 53 [Omitted.]
- 54 [Omitted.]
- 55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
- 56 [Omitted.]
- 57 Appeal to Appellate Tribunal
- 58 Procedure and powers of the Appellate Tribunal
- 59 Right to legal representation
- 60 Limitation
- 61 Civil court not to have jurisdiction
- 62 Appeal to High Court
- 63 Compounding of contraventions
- 64 Recovery of penalty or compensation
- 65 Tampering with computer source documents
- 66 Computer related offences
- 66A Punishment for sending offensive messages through communication service, etc
- 66B Punishment for dishonestly receiving stolen computer resource or communication device
- 66C Punishment for identity theft
- 66D Punishment for cheating by personation by using computer resource
- 66E Punishment for violation of privacy
- 66F Punishment for cyber terrorism
- 67 Punishment for publishing or transmitting obscene material in electronic form
- 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
- 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
- 67C Preservation and retention of information by intermediaries
- 68 Power of Controller to give directions
- 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource
- 69A Power to issue directions for blocking for public access of any information through any computer resource
- 69B Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
- 70 Protected system
- 70A National nodal agency
- 70B Indian Computer Emergency Response Team to serve as national agency for incident response
- 71 Penalty for misrepresentation
- 72 Penalty for Breach of confidentiality and privacy
- 72A Punishment for disclosure of information in breach of lawful contract
- 73 Penalty for publishing electronic signature Certificate false in certain particulars
- 74 Publication for fraudulent purpose
- 75 Act to apply for offence or contravention committed outside India
- 76 Confiscation
- 77 Compensation, penalties or confiscation not to interfere with other punishment
- 77A Compounding of offences
- 77B Offences with three years imprisonment to be bailable
- 78 Power to investigate offences
- 79 Exemption from liability of intermediary in certain cases
- 79A Central Government to notify Examiner of Electronic Evidence
- 80 Power of police officer and other officers to enter, search, etc
- 81 Act to have overriding effect
- 81A Application of the Act to electronic cheque and truncated cheque
- 82 Controller, Deputy Controller and Assistant Controller to be public servants
- 83 Power to give directions
- 84 Protection of action taken in good faith
- 84A Modes or methods for encryption
- 84B Punishment for abetment of offences
- 84C Punishment for attempt to commit offences
- 85 Offences by companies
- 86 Removal of difficulties
- 87 Power of Central Government to make rules
- 88 Constitution of Advisory Committee
- 89 Power of Controller to make regulations
- 90 Power of State Government to make rules
- 91 [Omitted.]
- 92 [Omitted.]
- 93 [Omitted.]
- 94 [Omitted.]
