Section 43 Of The
Information Technology Act, 2000(amended in 2008) in INDIA
Internet is a window to me. Well, it
is a window to millions of users like me. This window brings in good inflow of
knowledge, some sweet breeze of friendships, economic inflow for some, and also
dusty wind which carries viruses. Even those, who do not access internet
from their own computers, may bring to their own “safe computers” or to other’s
computers all these unwanted pollutions by secondary methods like CDs, Pen
drives, Floppies etc. I bet that every common man, woman or a school going
child who uses computer, is afraid of pollution of computer. There are
hundreds of modes to pollute a computer ……nonetheless, hundreds of reasons too
for doing this mischievous act. The Indian Information Technology Act
recognizes two most prominent modes of polluting the computer under
section 43© , i.e introducing or causing to introduce computer contaminant and
computer virus. Note that the mode is a two folded mode, i.e either directly
introducing or causing to introduce. This direct or indirect operation
includes introduction of any computer contaminant and/or computer virus to the
computer as a machine, computer system and the computer network as a whole.
Look at the
draftsmen’s particular observance on the distinguishing feature of
‘computer contaminant’ and ‘computer virus’….explanation to section 43 says
under clause (i) that “computer contaminant” is a term which has been used to
indicate “any set of instruction” which is designed to
(a) modify,
(b) destroy,
(c) record,
(d) transmit any data or
programme residing within a computer . The term also includes any set of
instructions which is designed by any means, to usurp the normal computer
operations. This means that this provision penalizes any or the whole activity
done in this course.
Now, coming to the term “computer virus”, the first thing which came in
my mind was the usage of the term “virus” in the very thought provoking movie
“3 idiots”. The protagonist and others in the movie named the strict
disciplinarian head of the institution “Virus”. It was a short form of his name
“Veeru Shasrabudhhi”. But I felt that probably the movie wanted to establish
the fact that “Virus” was polluting the minds of young aspirant
researchers……………..exactly the way computer viruses pollute the data within the
computers which may have been produced after real hard work. The legislation
aforementioned in its explanation under clause (iii) clarifies what is meant by
the term “computer virus”. It is explained as computer instruction, data or information
or programmes that can either destroy, damage, degrade, adversely affect the
computer functioning; or can attach itself to another computer resource and
operate simultaneously when any data , instruction or programme is executed in
that computer resource. The language of the legislation therefore indicates
that ‘computer virus’ can include ‘computer contaminant’ too. Nonetheless,
computer virus and computer contaminant could be the two prominent modes for
hacking, besides monitoring and modifying the contents. Section 43 regulates
such pollution of the computer (inclusive of computer contamination and
polluting the computer through virus attack) by awarding pecuniary sanction of
Rupees 1 Crore which the guilty person has to pay as compensation to the person
affected as such.
Taking this
provision as the base, hacking and modification of the content by such
“pollutions” have also been regulated by Information Technology Act, 2008 under
Section 65 (especially when the offense includes destruction, alteration of the
computer source code which is required to be maintained by law for the time
being in force) and section 66 (which includes all the offences as has been
mentioned under Section 43, including ‘polluting’ the computer). Section 65
awards sentence which could be either imprisonment term up to 3 years or
pecuniary sanction which may extend to two lakh Rupees , or both; whereas
section 66 awards sentence which could be imprisonment which may extend to
three years , or pecuniary fine of five lakh Rupees, or both.
Hence do not take
computer contamination or virus attacks lightly. If you are a programmer and
you are asked to create any such programme, think again how it may affect you
if you were the victim. If you are the victim, do not encourage any “techy” to
beat the wrongdoer. The law is there to help…..however, how far it can be used
and executed, remains still a matter of debates.