TAMPERING WITH COMPUTER SOURCE DOCUMENTS(SECTION 65 OF THE IT ACT 2000)

by | Feb 27, 2024

Tampering with computer source documents (Section 65 of the Information Technology Act 2000), is a crucial provision and it delineates the legal framework to address instances where individuals knowingly or intentionally conceal, destroy, or alter computer source code used in various computer-related contexts. The section outlines the scope of offenses, penalties, and the requisite conditions for prosecution.

DEFINING COMPUTER SOURCE CODE

Computer source code encompasses program listings, commands, design layouts, and analyses, serving as the digital blueprint for computer programs, systems, and networks.

PROVISIONS AND PENALTIES UNDER SECTION 65(TAMPERING WITH COMPUTER SOURCE DOCUMENTS

Section 65 prescribes stringent penalties for individuals found guilty of tampering with computer source documents. Offenders may face imprisonment for up to three years or fines extending to Rs. 2,00,000, or both. The severity of these penalties underscores the gravity with which the legislature views offenses related to computer source code manipulation.

SCOPE OF OFFENSES

Section 65 covers concealing, destroying, or altering computer source code, with liability extending to those who knowingly induce such actions, particularly in contexts where retention of source code is mandated by law.

LEGAL INTERPRETATION AND APPLICATION

Interpreting and applying Section 65 of Information Technology (IT) Act,2000 Entails a meticulous examination of the circumstances surrounding the alleged offense. The element of mens rea, or criminal intent, assumes paramount importance in establishing culpability. Offenders must demonstrate fraudulent or dishonest intent in accessing, altering, or destroying computer source code, particularly when unauthorized to do so.

OWNERSHIP AND COPYRIGHT CONSIDERATIONS

Ownership of modified source code is crucial in Section 65 prosecutions, often established through copyright ownership and expert analysis comparing original and modified versions.

FORENSIC INVESTIGATION AND EVIDENCE COLLECTION

Conducting a thorough forensic investigation is imperative in substantiating allegations of tampering with computer source documents. Investigators must gather electronic evidence meticulously, including purported original and modified source code versions. Comparing these versions through expert analysis facilitates the establishment of a prima facie case against the accused.

EVIDENTIARY CONSIDERATIONS

In Section 65 cases, collecting electronic evidence like emails and storage devices is crucial. Forensic analysis of devices, like laptops, helps trace tampered source code origins.

CORPORATE CONTEXT AND EMPLOYEE RELATIONS

In corporate cases, records like employment history, non-disclosure agreements, and HR testimonies are important. Proving a former employee’s connection to the company strengthens the case, while testimonies from colleagues and supervisors support allegations of tampering with source documents.

EXAMPLE AND ANALYSIS 

  • Example:Changing the code of a computer program to bypass security measures or manipulate data would constitute tampering with computer source documents.
  • Analysis: Section 65 of the IT Act, 2000, embodies a robust legal framework designed to safeguard the integrity of computer source code. By delineating offenses, penalties, and evidentiary requirements, the provision empowers authorities to address instances of tampering with digital assets effectively. Adherence to legal principles, meticulous investigation, and reliance on expert analysis are essential in upholding the integrity of digital infrastructure and prosecuting offenders under this statute.

 

In conclusion, Section 65 of the Information Technology Act, 2000, establishes stringent penalties for tampering with computer source documents, reflecting the legislature’s intent to combat digital fraud and maintain the integrity of digital assets. Effective enforcement requires a thorough investigation, reliance on expert analysis, and adherence to legal principles.

RECENT UPDATE- 

India witnessed a rise in cybercrime cases in 2021, with 52,974 reported incidents, a 5% increase from 2020. Telangana, Uttar Pradesh, Karnataka, Maharashtra, and Assam accounted for over 70% of cases. Despite this, the charge-sheeting rate stood at 33.8%, indicating incomplete police probes. Fraud was the primary motive in 60.8% of cases. Telangana reported the highest rate of cybercrime incidents, followed by Assam and Karnataka. Identity theft, cheating by impersonation, and publishing obscene content were among the common offenses. Additionally, 15 cases of cyber terrorism were reported nationwide.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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