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Srijit Menon (Asst. Manager)     17 July 2012

Information technology act - section 65-67

Hi,

Section 65-67 in the Information Technology Act describe the offences and related punishments. Is there any way in which the contraventions of the above sections by an individual may have some implications for the body corporate, in case the offense was committed using the body corporate resources but without the body corporate having any information, awareness or involvement? Is there any kind of negligence that can be proved on the part of body corporate for contravention of section 65-67 and the body corporate held responsible under section 85?

Regards

Srijit



Learning

 2 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     18 July 2012

 

Need to understand whole thing deeply... but body corporate can held responsible..it depends on representation of you case..

Section 85 in The Information Technology Act, 2000

85. Offences by companies.-

(1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub- section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(2) Notwithstanding anything contained in sub- section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken pla e with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contraven ion and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-

(i) " company" means any body corporate and includes a firm or other association of individuals; and

(ii) " director", in relation to a firm, means a partner in the firm.

Srijit Menon (Asst. Manager)     18 July 2012

thanks karthikeya for the response. Can you give me any example wherein the body corporate can be held responsible? I was unable to think of such a scnenario.


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