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Section 5: Unauthorised access to and interception of computer service

Computer Misuse And Cybercrime Act · PART II: OFFENCES

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

5. Unauthorised access to and interception of computer service (1) Subject to subsection (5), any person who, by any means, knowingly— (a) secures access to any computer system for the purpose of obtaining, directly or indirectly, any computer service; (b) intercepts or causes to be intercepted, directly or indirectly, any function of, or any data within, a computer system, shall commit an offence. (2) (a) A person convicted of an offence under subsection (1) shall be liable to a fine not exceeding 100,000 rupees and to penal servitude for a term not exceeding 10 years. (b) Where, as a result of the commission of an offence under subsection (1), the operation of the computer system, is impaired, or data contained in the computer system is suppressed or modified, a person convicted of such offence shall be liable to a fine not exceeding 200,000 rupees and to penal servitude for a term not exceeding 20 years. (3) For the purpose of this section, it is immaterial that the unauthorised access or interception is not directed at— (a) any particular program or data; (b) a program or data of any kind; or (c) a program or data held in any particular computer system. (4) A person shall not be liable under subsection (1) where he— (a) has the express or implied consent of both the person who sent the data and the intended recipient of such data; (b) is acting in reliance of any statutory power. C37 – 5 [Issue 1] Computer Misuse and Cybercrime Act

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