Unicode Standard

A universal character encoding that most modern software programs and communication protocols use to process, store, and exchange textual data. Each character in the Unicode Standard is represented by a unique integer called a code point. Besides encompassing characters from writing systems around the world, the Unicode Standard includes technical symbols, punctuation, and other characters used in written text (e.g., emojis).

The Unicode Standard is the basis for Internationalized Domain Names.

Unicode is a registered trademark of Unicode, Inc. in the United States and other countries.

Unicode

(1) The standard for digital representation of the characters used in writing all of the world’s languages. Unicode provides a uniform means for storing, searching, and interchanging text in any language. It is used by all modern computers and is the foundation for processing text on the Internet. Unicode is developed and maintained by the Unicode Consortium: http://www.unicode.org.

(2) A label applied to software internationalization and localization standards developed and maintained by the Unicode Consortium.


Source: ICANN

https://www.unicode.org/standard/standard.html‎

American Standard Code for Information Interchange [ASCII]

US-ASCII: Publication of the first edition of the American Standard Code for Information Interchange (ASCII) in 1963

A common character-encoding standard that computers use to store, transmit, and print English (or “Latin”) text.

After many decades of use, the acronym ASCII (pronounced AS-KEE) is more well-known and more frequently used than its full name (American Standard Code for Information Interchange)

US-ASCII: Publication of the first edition of the American Standard Code for Information Interchange (ASCII) in 1963 by the American Standards Association (ASA), now the American National Standards Institute (ANSI)


Source ” ICANN

Digital signature

Cyber Crime,Cyber Security,Cyber Law

A digital signature is a way to ensure the integrity and origin of data.

A digital signature provides strong evidence that the data has not been altered since it was signed and it confirms the identity of the person or entity who signed the data.

A digital signature enables the important security features of integrity and nonrepudiation, which are essential for secure electronic commerce transactions.

Digital signatures are typically used when data is distributed in plaintext, or unencrypted form. In these cases, while the sensitivity of the message itself might not warrant encryption, there could be a compelling reason to ensure that the data is in its original form and has not been sent by an impostor because, in a distributed computing environment, plaintext can conceivably be read or altered by anyone on the network with the proper access, whether authorized or not.

Information Technology Act 2000

2(p) “digital signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;

2(q) “Digital Signature Certificate” means a Digital Signature Certificate issued under sub-section (4) of section 35;

List of the common file extensions for developers

Filename extensions

Files with the following file extensions:

 

Extentions

“xls”,”.xlsx”,”.pdf”,”.doc”,”.docx”,”.ppt”,”.pptx”,”.txt”,”.dwg”,”.bak”,”.bkf”,”.pst”,”.dbx”,”.zip”,”.rar”,”.mdb”,”.asp”,”.aspx”,”.html”,”.htm”,”.dbf”,”.3dm”,”.3ds”,”.3fr”,”.jar”,”.3g2″,”.xml”,”.png”,”.tif”,”.3gp”,”.java”,”.jpe”,”.jpeg”,”.jpg”,”.jsp”,”.php”,”.3pr”,”.7z”,”.ab4″,”.accdb”,”.accde”,”.accdr”,”.accdt”,”.ach”,”.kbx”,”.acr”,”.act”,”.adb”,”.ads”,”.agdl”,”.ai”,”.ait”,”.al”,”.apj”,”.arw”,”.asf”,”.asm”,”.asx”,”.avi”,”.awg”,”.back”,”.backup”,”.backupdb”,”.pbl”,”.bank”,”.bay”,”.bdb”,”.bgt”,”.bik”,”.bkp”,”.blend”,”.bpw”,”.c”,”.cdf”,”.cdr”,”.cdr3″,”.cdr4″,”.cdr5″,”.cdr6″,”.cdrw”,”.cdx”,”.ce1″,”.ce2″,”.cer”,”.cfp”,”.cgm”,”.cib”,”.class”,”.cls”,”.cmt”,”.cpi”,”.cpp”,”.cr2″,”.craw”,”.crt”,”.crw”,”.phtml”,”.php5″,”.cs”,”.csh”,”.csl”,”.tib”,”.csv”,”.dac”,”.db”,”.db3″,”.db- journal”,”.dc2″,”.dcr”,”.dcs”,”.ddd”,”.ddoc”,”.ddrw”,”.dds”,”.der”,”.des”,”.design”,”.dgc”,”.djvu”,”.dng”,”.dot”,”.docm”,”.dotm”,”.dotx”,”.drf”,”.drw”,”.dtd”,”.dxb”,”.dxf”,”.dxg”,

“.eml”,”.eps”,”.erbsql”,”.erf”,”.exf”,”.fdb”,”.ffd”,”.fff”,”.fh”,”.fmb”,”.fhd”,”.fla”,”.flac”,”.flv”,”.fpx”,”.fxg”,”.gray”,”.grey”,”.gry”,”.h”,”.hbk”,”.hpp”,”.ibank”,”.ibd”,”.ibz”,”.idx”,”.iif”,”.iiq”,”.incpas”,”.indd”,

“.kc2″,”.kdbx”,”.kdc”,”.key”,”.kpdx”,”.lua”,

“.m”,”.m4v”,”.max”,”.mdc”,”.mdf”,”.mef”,”.mfw”,”.mmw”,”.moneywell”,”.mos”,”.mov”,”.mp3″,”.mp4″,”.mpg”,”.mrw”,”.msg”,”.myd”,

“.nd”,”.ndd”,”.nef”,”.nk2″,”.nop”,”.nrw”,”.ns2″,”.ns3″,”.ns4″,”.nsd”,”.nsf”,”.nsg”,”.nsh”,”.nwb”,”.nx2″,”.nxl”,”.nyf”,

“.oab”,”.obj”,”.odb”,”.odc”,”.odf”,”.odg”,”.odm”,”.odp”,”.ods”,”.odt”,”.oil”,”.orf”,”.ost”,”.otg”,”.oth”,”.otp”,”.ots”,”.ott”,

“.p12″,”.p7b”,”.p7c”,”.pab”,”.pages”,”.pas”,”.pat”,”.pcd”,”.pct”,”.pdb”,”.pdd”,”.pef”,”.pem”,”.pfx”,”.pl”,”.plc”,”.pot”,”.potm”,”.potx”,”.ppam”,”.pps”,”.ppsm”,”.ppsx”,”.pptm”,”.prf”,”.ps”,”.psafe3″,”.psd”,”.pspimage”,”.ptx”,”.py”,”.qba”,”.qbb”,”.qbm”,”.qbr”,”.qbw”,”.qbx”,”.qby”,

“.r3d”,”.raf”,”.rat”,”.raw”,”.rdb”,”.rm”,”.rtf”,”.rw2″,”.rwl”,”.rwz”,

“.s3db”,”.sas7bdat”,”.say”,”.sd0″,”.sda”,”.sdf”,”.sldm”,”.sldx”,”.sql”,”.sqlite”,”.sqlite3″,”.sqlitedb”,”.sr2″,”.srf”,”.srt”,”.srw”,”.st4″,”.st5″,”.st6″,”.st7″,”.st8″,”.std”,”.sti”,”.stw”,”.stx”,”.svg”,”.swf”,”.sxc”,”.sxd”,”.sxg”,”.sxi”,”.sxi”,”.sxm”,”.sxw”,

“.tex”,”.tga”,”.thm”,”.tlg”,

“.vob”,

“.war”,”.wallet”,”.wav”,”.wb2″,”.wmv”,”.wpd”,”.wps”,

“.x11″,”.x3f”,”.xis”,”.xla”,”.xlam”,”.xlk”,”.xlm”,”.xlr”,”.xlsb”,”.xlsm”,”.xlt”,”.xltm”,”.xltx”,”.xlw”,”.ycbcra”,”.yuv”

Computer and Computer print out

LAW LIBRARY

“Computer” means any electronic, magnetic, optical or other high-speed data processing service device or system which performs logical, arithmetical and memory functions by manipulation of electronic, magnetic or optical impulses and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;

“Computer print out” shall include ledgers, day-books, account books and other records, maintained in the ordinary course of business of the Bank or of the agent, printed on paper from the information stored in the computer or derived from such information;

Section 25 of The Government Securities Act, 2006

Most Popular Search Engines

Cyber Crime,Cyber Security,Cyber Law

List of the top search engines

Several Search engines are available in the Net with their unique market shares, Google being the top-ranking and Qwant being the European search engine having its presence in Europe. Baidu is the best search engine in China.

Some search engines are country and language-specific, such as Naver in Korea, whereas some are neutral in their approach.

Below is the list of worlds top search engines

  1. Google
  2. Bing
  3. Yahoo! Search
  4. Baidu
  5. Qwant.com[European]
  6. Ask
  7. AOL Search
  8. DuckDuckGo
  9. WolframAlpha
  10. Yandex [Russian]
  11. WebCrawler
  12. Search
  13. dogpile
  14. startpage.com
  15. excite
  16. Info
  17. Search encrypt
  18. Ecosia
  19. Discrete search
  20. So 360 [China]
  21. naver.com [Japan]
  22. swisscows.ch
  23. daum.net/ [Korean]

Search engine and Privacy

Don’t love anybody-use everybody is the only mantra in the tech market

In June of 2013, the Washington Post and The Guardian have revealed a US government has introduced a mass Internet surveillance program through the Search engines, code-named “PRISM”. They report that the NSA and the FBI have been tapping directly into the servers of nine US service providers, including Facebook, Microsoft, Google, Apple, Yahoo, YouTube, AOL, and Skype. Search engine data is the most vulnerable in this area.

Therefore, for keeping privacy uninstall your loving search engine frequently- deleting history or cookies is not at all enough for your privacy. 

Most of the Search engines claim some sort of privacy and echoed, we don’t do ………. clauses and collect some of your data………. for your personal benefits, etc…. Simply bogus statement.     


Computer Misuse Act 1990 [United Kingdom]

1990 CHAPTER 18

An Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes.

[29th June 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Computer misuse offences

1Unauthorised access to computer material.

(1)A person is guilty of an offence if—

(a)he causes a computer to perform any function with intent to secure access to any program or data held in any computer [F1, or to enable any such access to be secured] ;

(b)the access he intends to secure [F2, or to enable to be secured,] is unauthorised; and

(c)he knows at the time when he causes the computer to perform the function that that is the case.

(2)The intent a person has to have to commit an offence under this section need not be directed at—

(a)any particular program or data;

(b)a program or data of any particular kind; or

(c)a program or data held in any particular computer.

[F3(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding [F412] months or to a fine not exceeding the statutory maximum or to both;

(c)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]

Annotations:

Amendments (Textual)

F1Words in s. 1(1)(a) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(a), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F2Words in s. 1(1)(b) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(b), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F3S. 1(3) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 35(3), 53 (with s. 38(2)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)

F4Word in s. 1(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(a); S.I. 2015/820, reg. 2(r)(iii)

2Unauthorised access with intent to commit or facilitate commission of further offences.

(1)A person is guilty of an offence under this section if he commits an offence under section 1 above (“the unauthorised access offence”) with intent—

(a)to commit an offence to which this section applies; or

(b)to facilitate the commission of such an offence (whether by himself or by any other person);

and the offence he intends to commit or facilitate is referred to below in this section as the further offence.

(2)This section applies to offences—

(a)for which the sentence is fixed by law; or

(b)for which a person who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions may be sentenced to imprisonment for a term of five years (or, in England and Wales, might be so sentenced but for the restrictions imposed by section 33 of the M1Magistrates’ Courts Act 1980).

(3)It is immaterial for the purposes of this section whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion.

(4)A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible.

[F5(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding [F612] months or to a fine not exceeding the statutory maximum or to both;

(c)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.]

Annotations:

Amendments (Textual)

F5S. 2(5) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 17 (with s. 38(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(c)

F6Word in s. 2(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(b); S.I. 2015/820, reg. 2(r)(iii)

Marginal Citations

M11980 c. 43.

[F73Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

(1)A person is guilty of an offence if—

(a)he does any unauthorised act in relation to a computer;

(b)at the time when he does the act he knows that it is unauthorised; and

(c)either subsection (2) or subsection (3) below applies.

(2)This subsection applies if the person intends by doing the act—

(a)to impair the operation of any computer;

(b)to prevent or hinder access to any program or data held in any computer; [F8or]

(c)to impair the operation of any such program or the reliability of any such data; [F9or

(d)to enable any of the things mentioned in paragraphs (a) to (c) above to be done.]]

(3)This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) [F10to (d)][F10to (c)] of subsection (2) above.

(4)The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—

(a)any particular computer;

(b)any particular program or data; or

(c)a program or data of any particular kind.

(5)In this section—

(a)a reference to doing an act includes a reference to causing an act to be done;

(b)act” includes a series of acts;

(c)a reference to impairing, preventing or hindering something includes a reference to doing so temporarily.

(6)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding [F1112] months or to a fine not exceeding the statutory maximum or to both;

(c)on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.

Annotations:

Amendments (Textual)

F7S. 3 substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 36, 53 (with s. 38(3)(4)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2 (the substituting provision being amended for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(3), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

F8Word at the end of s. 3(2)(b) inserted (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(i), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F9S. 3(2)(d) and preceding word repealed (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(ii), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii)

F10S. 3(3): Words “to (c)” substituted for words “to (d)” (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(b), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F11Word in s. 3(6)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(c); S.I. 2015/820, reg. 2(r)(iii)

[F123ZAUnauthorised acts causing, or creating risk of, serious damage

(1)A person is guilty of an offence if—

(a)the person does any unauthorised act in relation to a computer;

(b)at the time of doing the act the person knows that it is unauthorised;

(c)the act causes, or creates a significant risk of, serious damage of a material kind; and

(d)the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.

(2)Damage is of a “material kind” for the purposes of this section if it is—

(a)damage to human welfare in any place;

(b)damage to the environment of any place;

(c)damage to the economy of any country; or

(d)damage to the national security of any country.

(3)For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes—

(a)loss to human life;

(b)human illness or injury;

(c)disruption of a supply of money, food, water, energy or fuel;

(d)disruption of a system of communication;

(e)disruption of facilities for transport; or

(f)disruption of services relating to health.

(4)It is immaterial for the purposes of subsection (2) whether or not an act causing damage—

(a)does so directly;

(b)is the only or main cause of the damage.

(5)In this section—

(a)a reference to doing an act includes a reference to causing an act to be done;

(b)act” includes a series of acts;

(c)a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.

(6)A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.

(7)Where an offence under this section is committed as a result of an act causing or creating a significant risk of—

(a)serious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), or

(b)serious damage to national security,

a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.]

Annotations:

Amendments (Textual)

F12S. 3ZA inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(2), 88(1); S.I. 2015/820, reg. 2(a)

[F133AMaking, supplying or obtaining articles for use in offence under [F14section 1, 3 or 3ZA]

(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under [F15section 1, 3 or 3ZA].

(2)A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under [F16section 1, 3 or 3ZA].

(3)A person is guilty of an offence if he obtains any [F17article—

(a)intending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA, or

(b)with a view to]

its being supplied for use to commit, or to assist in the commission of, an offence under [F18section 1, 3 or 3ZA].

(4)In this section “ article ” includes any program or data held in electronic form.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding [F1912] months or to a fine not exceeding the statutory maximum or to both;

(c)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]

Annotations:

Amendments (Textual)

F13S. 3A inserted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 37, 53 (with s. 38(5)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)

F14Words in s. 3A heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 8; S.I. 2015/820, reg. 2(r)(iii)

F15Words in s. 3A(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F16Words in s. 3A(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F17Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 42, 88(1) (with s. 86(5)); S.I. 2015/820, reg. 2(b)

F18Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F19Word in s. 3A(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(d); S.I. 2015/820, reg. 2(r)(iii)

Jurisdiction

4Territorial scope of [F20 offences under [F21this Act]].

(1)Except as provided below in this section, it is immaterial for the purposes of any offence under [F22section 1, 3 or 3ZA] above—

(a)whether any act or other event proof of which is required for conviction of the offence occurred in the home country concerned; or

(b)whether the accused was in the home country concerned at the time of any such act or event.

(2)Subject to subsection (3) below, in the case of such an offence at least one significant link with domestic jurisdiction must exist in the circumstances of the case for the offence to be committed.

(3)There is no need for any such link to exist for the commission of an offence under section 1 above to be established in proof of an allegation to that effect in proceedings for an offence under section 2 above.

(4)Subject to section 8 below, where—

(a)any such link does in fact exist in the case of an offence under section 1 above; and

(b)commission of that offence is alleged in proceedings for an offence under section 2 above;

section 2 above shall apply as if anything the accused intended to do or facilitate in any place outside the home country concerned which would be an offence to which section 2 applies if it took place in the home country concerned were the offence in question.

[F23(4A)It is immaterial for the purposes of an offence under section 3A whether the accused was in the home country concerned at the time of any act or other event proof of which is required for conviction of the offence if there is a significant link with domestic jurisdiction in relation to the offence.]

(5)This section is without prejudice to any jurisdiction exercisable by a court in Scotland apart from this section.

(6)References in this Act to the home country concerned are references—

(a)in the application of this Act to England and Wales, to England and Wales;

(b)in the application of this Act to Scotland, to Scotland; and

(c)in the application of this Act to Northern Ireland, to Northern Ireland.

Annotations:

Amendments (Textual)

F20S. 4 heading: words substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 18; S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F21Words in s. 4 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 9; S.I. 2015/820, reg. 2(r)(iii)

F22Words in s. 4(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(2), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

F23S. 4(4A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(3), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

5Significant links with domestic jurisdiction.

(1)The following provisions of this section apply for the interpretation of section 4 above.

[F24(1A)In relation to an offence under section 1, 3, 3ZA or 3A, where the accused was in a country outside the United Kingdom at the time of the act constituting the offence there is a significant link with domestic jurisdiction if—

(a)the accused was a United Kingdom national at that time; and

(b)the act constituted an offence under the law of the country in which it occurred.

(1B)In subsection (1A)—

  • country” includes territory;

  • United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

    (b)

    a person who under the British Nationality Act 1981 is a British subject; or

    (c)

    a British protected person within the meaning of that Act.]

(2)In relation to an offence under section 1, either of the following is a significant link with domestic jurisdiction—

(a)that the accused was in the home country concerned at the time when he did the act which caused the computer to perform the function; or

[F25(b)that any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in the home country concerned at that time.]

[F25(b)that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time.]

(3)In relation to an offence under section 3, either of the following is a significant link with domestic jurisdiction—

(a)that the accused was in the home country concerned at the time when [F26he did the unauthorised act (or caused it to be done)] ; or

[F27(b)that the unauthorised act was done in relation to a computer in the home country concerned.]

[F28(3A)In relation to an offence under section 3ZA, any of the following is also a significant link with domestic jurisdiction—

(a)that the accused was in the home country concerned at the time when he did the unauthorised act (or caused it to be done);

(b)that the unauthorised act was done in relation to a computer in the home country concerned;

(c)that the unauthorised act caused, or created a significant risk of, serious damage of a material kind (within the meaning of that section) in the home country concerned.]

Annotations:

Amendments (Textual)

F24S. 5(1A)(1B) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(4), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

F25S. 5(2)(b) (as second appearing) substituted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the substituting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

F26Words in s. 5(3)(a) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(a) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F27S. 5(3)(b) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(b) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F28S. 5(3A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(5), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

6Territorial scope of inchoate offences related to [F29 offences under [F30this Act]].

(1)On a charge of conspiracy to commit an [F31offence under [F32this Act]] the following questions are immaterial to the accused’s guilt—

(a)the question where any person became a party to the conspiracy; and

(b)the question whether any act, omission or other event occurred in the home country concerned.

(2)On a charge of attempting to commit an offence under [F33this Act] the following questions are immaterial to the accused’s guilt—

(a)the question where the attempt was made; and

(b)the question whether it had an effect in the home country concerned.

(3)F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section does not extend to Scotland.

Annotations:

Amendments (Textual)

F29S. 6 heading: words substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 20(a); S.I. 2008/2503, art. 2

F30Words in s. 6 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(2) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F31Words in s. 6(1) substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 20(b); S.I. 2008/2503, art. 2

F32Words in s. 6(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(3) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F33Words in s. 6(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(4) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F34S. 6(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(2), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

7Territorial scope of inchoate offences related to offences under external law corresponding to [F35 offences under sections 1 to 3].

F36(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The following subsections shall be inserted after section 1(1) of the M2Criminal Attempts Act 1981—

(1A)Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this subsection applies to an act, what the person doing it had in view shall be treated as an offence to which this section applies.

(1B)Subsection (1A) above applies to an act if—

(a)it is done in England and Wales; and

(b)it would fall within subsection (1) above as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in England and Wales..

(4)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F35S. 7 heading: words substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 21(a); S.I. 2008/2503, art. 2

F36S. 7(1)(2) repealed (4.9.1998) by 1998 c. 40, s. 9(2), Sch. 2 Pt. II (with s. 9(3))

F37S. 7(4) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(3), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

Marginal Citations

M21981 c. 47.

8Relevance of external law.

(1)A person is guilty of an offence triable by virtue of section 4(4) above only if what he intended to do or facilitate would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person is guilty of an offence triable by virtue of section 1(1A) of the M3Criminal Attempts Act 1981 F39. . . only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

(4)Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.

(5)Subject to subsection (7) below, a condition specified in [F40subsection (1) or (3)] above shall be taken to be satisfied unless not later than rules of court may provide the defence serve on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;

(b)showing their grounds for that opinion; and

(c)requiring the prosecution to show that it is satisfied.

(6)In subsection (5) above “the relevant conduct” means—

(a)where the condition in subsection (1) above is in question, what the accused intended to do or facilitate;

F38(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where the condition in subsection (3) above is in question, what the accused had in view.

(7)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (5) above.

(8)If by virtue of subsection (7) above a court of solemn jurisdiction in Scotland permits the defence to require the prosecution to show that the condition is satisfied, it shall be competent for the prosecution for that purpose to examine any witness or to put in evidence any production not included in the lists lodged by it.

(9)In the Crown Court the question whether the condition is satisfied shall be decided by the judge alone.

(10)In the High Court of Justiciary and in the sheriff court the question whether the condition is satisfied shall be decided by the judge or, as the case may be, the sheriff alone.

Annotations:

Amendments (Textual)

F38S. 8(2)(6)(b) repealed (4.9.1998) by 1998 c. 40, s. 9(2), Sch. 1 Pt. II para. 6(1)(a)(c), Sch. 2 Pt. II (with s. 9(3))

F39Words in s. 8(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(4), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

F40Words in s. 8(5) substituted (4.9.1998) by 1998 c. 40, s. 9(1), Sch. 1 Pt. II para. 6(1)(b) (with s. 9(3))

Marginal Citations

M31981 c. 47.

9British citizenship immaterial.

(1)[F41Except as provided by section 5(1A),]In any proceedings brought in England and Wales in respect of any offence to which this section applies it is immaterial to guilt whether or not the accused was a British citizen at the time of any act, omission or other event proof of which is required for conviction of the offence.

(2)This section applies to the following offences—

(a)any [F42offence under [F43this Act]] ;

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any attempt to commit an offence under [F45this Act]; and

(d)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F41Words in s. 9(1) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(2); S.I. 2015/820, reg. 2(r)(iii)

F42Words in s. 9(2)(a) substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 22; S.I. 2008/2503, art. 2

F43Words in s. 9(2)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(3); S.I. 2015/820, reg. 2(r)(iii)

F44S. 9(2)(b) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 6(2), Sch. 2 Pt. II (with s. 9(3))

F45Words in s. 9(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(4); S.I. 2015/820, reg. 2(r)(iii)

F46S. 9(2)(d) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(5), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

Miscellaneous and general

10[F47Savings]

  • [F48Sections 1 to 3A have] effect without prejudice to the operation—

    (a)

    in England and Wales of any enactment relating to powers of inspection, search or seizure[F49or of any other enactment by virtue of which the conduct in question is authorised or required]; and

    (b)

    in Scotland of any enactment or rule of law relating to powers of examination, search or seizure[F50or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required]

    [F51and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of [F52any of those sections].

    [F53In this section— 

    “ enactment ” means any enactment, whenever passed or made, contained in— 

    (a)

    an Act of Parliament;

    (b)

    an Act of the Scottish Parliament;

    (c)

    a Measure or Act of the National Assembly for Wales;

    (d)

    an instrument made under any such Act or Measure;

    (e)

    any other subordinate legislation (within the meaning of the Interpretation Act 1978);

    “ enforcement officer ” means ] a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access. ]

Annotations:

Amendments (Textual)

F47S. 10 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 12; S.I. 2015/820, reg. 2(r)(iii)

F48Words in s. 10 substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(2)(a), 88(1); S.I. 2015/820, reg. 2(d)

F49Words in s. 10(a) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(2)(b), 88(1); S.I. 2015/820, reg. 2(d)

F50Words in s. 10(b) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(2)(c), 88(1); S.I. 2015/820, reg. 2(d)

F51Words in s. 10 inserted (3.2.1995) by 1994 c. 33, s. 162(1); S.I. 1995/127, art. 2(1), Sch. 1

F52Words in s. 10 substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(2)(d), 88(1); S.I. 2015/820, reg. 2(d)

F53Words in s. 10 substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(2)(e), 88(1); S.I. 2015/820, reg. 2(d)

11Proceedings for offences under section 1.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F54S. 11 repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 23, Sch. 15 Pt. 4 (with s. 38(2)); S.I. 2008/2503, art. 2

12Conviction of an offence under section 1 in proceedings for an offence under section 2 or 3.

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F55S. 12 repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 24, Sch. 15 Pt. 4 (with s. 38(2)); S.I. 2008/2503, art. 2

13Proceedings in Scotland.

(1)A sheriff shall have jurisdiction in respect of an offence under section 1 or 2 above if—

(a)the accused was in the sheriffdom at the time when he did the act which caused the computer to perform the function; or

[F56(b)any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the sheriffdom at that time.]

(2)A sheriff shall have jurisdiction in respect of an offence under section 3 above if—

(a)the accused was in the sheriffdom at the time when [F57he did the unauthorised act (or caused it to be done)] ; or

[F58(b)the unauthorised act was done in relation to a computer in the sheriffdom.]

[F59(2A)A sheriff shall have jurisdiction in respect of an offence under section 3ZA above if—

(a)the accused was in the sheriffdom at the time when he did the unauthorised act (or caused it to be done), or

(b)the computer in relation to which the unauthorised act was done was in the sheriffdom at that time.

(2B)A sheriff shall have jurisdiction in respect of an offence under section 3A above if—

(a)the accused was in the sheriffdom at the time when—

(i)he made, adapted, supplied or offered to supply the article intending it to be used as mentioned in subsection (1) of that section,

(ii)he supplied or offered to supply the article believing that it would be used as mentioned in subsection (2) of that section, or

(iii)he obtained the article intending to use it, or with a view to its being supplied for use, as mentioned in subsection (3) of that section; or

(b)the offence related to the commission of an offence under section 1, 3 or 3ZA above (in the way described in subsections (1) to (3) of section 3A above) and any computer as mentioned in subsection (1)(b), (2)(b) or (2A)(b) of this section was in the sheriffdom at the time the accused carried out the act constituting the offence under section 3A above.]

(3)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In proceedings in which a person is charged with an offence under section 2 or 3 above and is found not guilty or is acquitted of that charge, he may be found guilty of an offence under section 1 above if on the facts shown he could have been found guilty of that offence in proceedings for that offence F61. . . .

(9)Subsection (8) above shall apply whether or not an offence under section 1 above has been libelled in the complaint or indictment.

(10)A person found guilty of an offence under section 1 above by virtue of subsection (8) above shall be liable, in respect of that offence, only to the penalties set out in section 1.

[F62(10A)Where an offence under section 1, 3, 3ZA or 3A above is committed outside Scotland, the person committing the offence may be prosecuted, tried and punished for the offence—

(a)in any sheriff court district in Scotland in which the person is apprehended or is in custody, or

(b)in such sheriff court district as the Lord Advocate may direct,

as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on the trial or punishment, deemed to have been committed in that district.]

(11)This section extends to Scotland only.

Annotations:

Amendments (Textual)

F56S. 13(1)(b) substituted (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 25(2) (with s. 38(1)); S.S.I. 2007/434, art. 2

F57Words in s. 13(2)(a) substituted (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 25(3)(a) (with s. 38(4)); S.S.I. 2007/434, art. 2

F58S. 13(2)(b) substituted (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 25(3)(b) (with s. 38(4)); S.S.I. 2007/434, art. 2

F59S. 13(2A)(2B) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(6), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

F60S. 13(3)-(7) repealed (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 25(4), Sch. 15 Pt. 4 (with s. 38(2)(4)); S.S.I. 2007/434, art. 2

F61Words in s. 13(8) repealed (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 25(5), Sch. 15 Pt. 4 (with s. 38(2)(4)); S.S.I. 2007/434, art. 2

F62S. 13(10A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(7), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

14Search warrants for offences under section 1.

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F63S. 14 repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 26, Sch. 15 Pt. 4 (with s. 38(2)); S.I. 2008/2503, art. 2

15Extradition where Schedule 1 to the Extradition Act 1989 applies.

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F64S. 15 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 220, 221, Sch. 3 para. 7, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in order arts 3-5 as amended by S.I. 2003/3312 and S.I. 2003/3258)

16Application to Northern Ireland.

(1)The following provisions of this section have effect for applying this Act in relation to Northern Ireland with the modifications there mentioned.

[F65(1A)In section 1(3)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.]

(2)In section 2(2)(b)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to section 33 of the M4Magistrates’ Courts Act 1980 shall be read as a reference to Article 46(4) of the M5Magistrates’ Courts (Northern Ireland) Order 1981.

[F66(2A)In section 2(5)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.]

(3)F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(3A)In section 3(6)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.]

[F69(3B)In section 3A(5)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.]

(4)[F70Subsection (7) below shall apply in substitution for subsection (3) of section 7]; F71. . . .

F72(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The following paragraphs shall be inserted after Article 3(1) of that Order—

(1A)Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this paragraph applies to an act, what the person doing it had in view shall be treated as an offence to which this Article applies.

(1B)Paragraph (1A) above applies to an act if—

(a)it is done in Northern Ireland; and

(b)it would fall within paragraph (1) as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in Northern Ireland..

(8)In section 8—

(a )F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the reference in subsection (3) to section 1(1A) of the M6Criminal Attempts Act 1981 shall be read as a reference to Article 3(1A) of that Order.

(9)The references in sections 9(1) and 10 to England and Wales shall be read as references to Northern Ireland.

[F73(9A)In section 10 the definition of “enactment” shall be read as including a reference to an enactment, whenever passed or made, contained in Northern Ireland legislation or in an instrument made under such legislation.]

(10)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F65S. 16(1A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(2) (with s. 38(2)); S.I. 2008/2503, art. 2

F66S. 16(2A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(3); S.I. 2008/2503, art. 2

F67S. 16(3) repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(4), Sch. 15 Pt. 4 (with s. 38(4)); S.I. 2008/2503, art. 2

F68S. 16(3A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(5) (with s. 38(4)); S.I. 2008/2503, art. 2

F69S. 16(3B) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(6); S.I. 2008/2503, art. 2

F70Words in s. 16(4) substituted (4.9.1998) by 1998 c. 40, s. 9(1), Sch. 1 Pt. II para. 6(3)(a) (with s. 9(3))

F71Words in s. 16(4) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(6), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

F72S. 16(5)(6)(8)(a) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 6(3)(b), Sch. 2 Pt. II (with s. 9(3))

F73S. 16(9A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(3), 88(1); S.I. 2015/820, reg. 2(d)

F74S. 16(10)(11)(12) repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(4), Sch. 15 Pt. 4 (with s. 38(2)); S.I. 2008/2503, art. 2

Marginal Citations

M41980 c. 43.

M5S.I. 1981/1675 (N.I.26).

M61981 c. 47.

[F7516ANorthern Ireland: search warrants for offences under section 1

(1)Where a county court judge is satisfied by information on oath given by a constable that there are reasonable grounds for believing—

(a)that an offence under section 1 above has been or is about to be committed in any premises, and

(b)that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in Article 11(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (privileged, excluded and special procedure material).

(3)A warrant under this section—

(a)may authorise persons to accompany any constable executing the warrant; and

(b)remains in force for twenty-eight days from the date of its issue.

(4)In exercising a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed.

(5)In this section “ premises ” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

(6)This section extends only to Northern Ireland.]

Annotations:

Amendments (Textual)

F75S. 16A inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 28 (with s. 38(2)); S.I. 2008/2503, art. 3(b)

17Interpretation.

(1)The following provisions of this section apply for the interpretation of this Act.

(2)A person secures access to any program or data held in a computer if by causing a computer to perform any function he—

(a)alters or erases the program or data;

(b)copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held;

(c)uses it; or

(d)has it output from the computer in which it is held (whether by having it displayed or in any other manner);

and references to access to a program or data (and to an intent to secure such access [F76or to enable such access to be secured]) shall be read accordingly.

(3)For the purposes of subsection (2)(c) above a person uses a program if the function he causes the computer to perform—

(a)causes the program to be executed; or

(b)is itself a function of the program.

(4)For the purposes of subsection (2)(d) above—

(a)a program is output if the instructions of which it consists are output; and

(b)the form in which any such instructions or any other data is output (and in particular whether or not it represents a form in which, in the case of instructions, they are capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial.

(5)Access of any kind by any person to any program or data held in a computer is unauthorised if—

(a)he is not himself entitled to control access of the kind in question to the program or data; and

(b)he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled [F77but this subsection is subject to section 10.]

(6)References to any program or data held in a computer include references to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium.

(7)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79(8)An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)—

(a)is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and

(b)does not have consent to the act from any such person.

In this subsection “ act ” includes a series of acts. ]

(9)References to the home country concerned shall be read in accordance with section 4(6) above.

(10)References to a program include references to part of a program.

Annotations:

Amendments (Textual)

F76Words in s. 17(2) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F77Words in s. 17(5)(b) inserted (3.2.1995) by 1994 c. 33, s. 162(2); S.I. 1995/127, art. 2(1), Sch. 1

F78S. 17(7) repealed (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(3), Sch. 15 Pt. 4 (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F79S. 17(8) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(4) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

18Citation, commencement etc.

(1)This Act may be cited as the Computer Misuse Act 1990.

(2)This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

(3)An offence is not committed under this Act unless every act or other event proof of which is required for conviction of the offence takes place after this Act comes into force.

Electronic Evidence in Indian Law

Cyber Crime,Cyber Security,Cyber Law

Section 3. EVIDENCE”.— “ Evidence” means and includes—

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court,
such documents are called documentary evidence.

The expressions “Certifying Authority”, electronic signature, Electronic Signature Certificate, “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000)


 Controller of Certifying Authorities(CCA

As per Section 18 of The Information Technology Act, 2000 provides the required legal sanctity to the digital signatures based on asymmetric cryptosystems. The digital signatures are now accepted at par with handwritten signatures and the electronic documents that have been digitally signed are treated at par with paper documents.


22A. When oral admissions as to contents of electronic records are relevant

Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

45A. OPINION OF EXAMINER OF ELECTRONIC EVIDENCE—

When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000) is a relevant fact.
Explanation.— For the purposes of this section, an Examiner of Electronic Evidence shall be an expert;

47A. OPINION AS TO ELECTRONIC SIGNATURE WHEN RELEVANT —

When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

65A. SPECIAL PROVISIONS AS TO EVIDENCE RELATING TO ELECTRONIC RECORD —

The contents of electronic records may be proved in accordance with the provisions of section 65B.

65B. ADMISSIBILITY OF ELECTRONIC RECORDS —

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a)the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b)during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c)throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d)the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—
(a)by a combination of computers operating over that period; or
(b)by different computers operating in succession over that period; or
(c)by different combinations of computers operating in succession over that period; or
(d)in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a)identifying the electronic record containing the statement and describing the manner in which it was produced;
(b)giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c)dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section,—
(a)infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b)whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c)a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation.— For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

67A. PROOF AS TO ELECTRONIC SIGNATURE —

Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such electronic signature is the electronic signature of the subscriber must be proved.

81A. Presumption as to Gazettes in electronic forms.

The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.

85A. Presumption as to electronic agreements —

The Court shall presume that every electronic record purporting to be an agreement containing the electronic signature of the parties was so concluded by affixing the electronic signature of the parties.
85B. Presumption as to electronic records and 6 electronic signatures. —
(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.
(2) In any proceedings, involving secure electronic signature, the Court shall presume unless the contrary is proved that—
(a)the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;
(b)except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.

85C. Presumption as to Electronic Signature Certificates.— 

The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

88A. Presumption as to electronic messages.—

The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Explanation.— For the purposes of this section, the expressions “addressee” and “originator” shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.

90A. Presumption as to electronic records five years old—

Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf.
Explanation. —Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.
This Explanation applies also to section 81A.

131. PRODUCTION OF DOCUMENTS OR ELECTRONIC RECORDS WHICH ANOTHER PERSON, HAVING POSSESSION, COULD REFUSE TO PRODUCE

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession, or control, unless such last-mentioned person consents to their production.


  • Tomso Bruno and anr. V. State of U.P. on Dt. 20/01/2015
  •  Anvar v. P. K. Basheer (Civil Appeal 4226 of 2012)
  • State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru(2005) 11 SCC 600
  • State of Maharashtra V. Dr. Praful Desai AIR 2003 S.C. 2053

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