Penetration testing

It depends on the authorisation of person who is carrying out the same. Penetration Testing is kind of hacking if carried out by outsider without authorisation or carried out by insider with limited authorisation. If the compaint is initiated by the owner of the license then prima facie it is no testing but unauthorised access or hacking by someone. Onus is on the defendant to defend his stand.

TO perform penetration testing first seek permission from the company / organizaation / individual. obtain permission in writing.. sign NDA / agreement. never try to check any system without obtaining proper permission or else you will be in trouble and by doing so the crime is amount of hacking, un authorized access and other crimes under IPC..