Information Technology Act Section 68 — Power of Controller to give directions
CHAPTER XI OFFENCES
Cyber Law
Punishment
Imprisonment up to 2 years or fine up to ₹1,00,000
As the section puts it: “shall be liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both”
Summary
Sub-section (1) gives the Controller the power to issue an order directing a Certifying Authority or any of its employees to take specific measures, or to stop carrying on specific activities, as stated in the order. This can be done if such measures or stoppage are necessary to ensure that the provisions of this Act, its rules, or any regulations made under it are being followed.
Sub-section (2) states that any person who intentionally or knowingly fails to comply with an order issued under sub-section (1) commits an offence. If convicted, that person can be punished with imprisonment for a term of up to two years, or a fine of up to one lakh rupees, or both.
Official Text
(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. 1[
(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both.]
Related Judgments
- Perma Container (UK) Line Limited; The Business Centre, 758 Great Camb vs Perma Container Line (India) Pvt. Ltd., ), 601, Sabari Samridhi, Opp.U — Bombay High Court (Mumbai Principal Seat) (2014)
- Mumbai-Pune Taxi Tourist Service Centre. vs The Pune Taximens Consumer Co-operative, Society Ltd. & Ors — Bombay High Court (Mumbai Principal Seat) (2006)
- THE HON’BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM; AND; THE HON’BLE MR. JU vs ARVIND KUMAR NEWAR AND ORS., WITH, OCO/11/2020, UNIVERSAL CABLES LIMIT — Calcutta High Court (Kolkata Principal Seat) (2023)