Information Technology Act Section 76 — Confiscation

CHAPTER XI OFFENCES

Cyber Law

Summary

Any computer, computer system, floppies, compact disks, tape drives, or other related accessories can be taken away by the government if any part of this Act, or the rules, orders, or regulations made under it, has been broken or is being broken using that equipment.

However, if the court that is deciding on the confiscation is convinced that the person who has the equipment in their possession, power, or control is not the one who broke the law, then the court does not have to confiscate the equipment. Instead, the court can choose to make any other order that is allowed under this Act against the person who actually did break the law, as the court sees fit.

Official Text

Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:

Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this Act, rules, orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorised by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.