Protection of technological measures
(1) Any person who circumvents an effective
technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the
intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and
shall also be liable to fine.
(2) Nothing in sub-section (1)shall prevent any person from,—
(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:
Provided that any person facilitating circumvention by another person of a technological measure for
such a purpose shall maintain a complete record of such other person including his name, address and all
1
Ins. by Act 38 of 1994, s. 23 (w.e.f 10-05-1995)
2 Subs. by Act 65 of 1984, s. 7, for sub-section (1) (w.e.f. 08-10-1984)
3
Ins. by s.7, Ibid, (w.e.f. 08-10-1984)
4 Subs. by s.8, for “ one year, or with fine or with both”, Ibid (w.e.f. 08-10-1984)
5
Ins. by Act 27 of 2012, s. 37 (w.e.f. 21-06-2012)
relevant particulars necessary to identify him and the purpose for which he has been facilitated; or
(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted
copy; or
(c) conducting any lawful investigation; or
(d) doing anything necessary for the purpose of testing the security of a computer system or a
computer network with the authorisation of its owner; or
(e) operator; or
(f) doing anything necessary to circumvent technological measures intended for identification or
surveillance of a user; or
(g) taking measures necessary in the interest of national security.
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