Information Technology Act Section 70 — Protected system

Summary

Sub-section (1) allows the appropriate Government to officially declare, through a notification in the Official Gazette, any computer resource that directly or indirectly affects the facility of Critical Information Infrastructure to be a protected system. The explanation clarifies that Critical Information Infrastructure means a computer resource whose incapacitation or destruction would have a debilitating impact on national security, economy, public health, or safety.

Sub-section (2) allows the appropriate Government to authorise, by a written order, the specific persons who are allowed to access protected systems that have been notified under sub-section (1).

Sub-section (3) states that any person who secures access, or attempts to secure access, to a protected system in violation of the provisions of this section shall be punished with imprisonment of either description for a term that may extend to ten years, and shall also be liable to a fine.

Sub-section (4) states that the Central Government shall prescribe the information security practices and procedures for such protected systems.

Official Text

1[

(1) The appropriate Government may, by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system.

Explanation.–For the purposes of this section, ―Critical Information Infrastructure‖ means the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety.]

(2) The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems notified under sub-section (1).

(3) Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. 2[

(4) The Central Government shall prescribe the information security practices and procedures for such protected system.]

Referred to by

• Information Technology Act §66F — Punishment for cyber terrorism
• Information Technology Act §87 — Power of Central Government to make rules

Related Judgments

• Binod Sitaram Agarwal vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2018)
• Mr. Narinder Singh, Mr. Vijay K.; Gupta; and; Mr.; Mehul; Gupta; Advoc vs UNION OF INDIA & ORS — Delhi High Court (2023)
• Chennai-600 104. vs 1.A.Kanagaraj, 2.The Registrar,, The Tamil Nadu Information Commission — Madras High Court (Principal Bench, Chennai) (2013)