AMENDMENTS & DISCRIMILANISATION OF INTELLECTUAL PROPERTY RIGHTS LAWS VIDE JAN VISHWAS (AMENDEMENT IN PROVISIONS) ACT, 2023.

Dear Friends,

The Government has notified through Notification Ref. No.: CG-DL-E-12082023-248047 dated 11th August 2023, the provisions of Jan Vishwas (Amendment in Provisions) Act, 2023.

Through the enforcement of certain provisions of the Schedule to the Jan Vishwas (Amendment of Provisions) Act, 2023, various provisions in different Intellectual Property Rights legislations have been amended. The provisions related to Patents, Trademarks, Geographical Indications, and Copyright laws came into effect on 01-08-2024 through notifications published by the Ministry of Commerce and Industry on 26-07-2024 and 29-07-2024.

The fines and penalties provided under various provisions in the enactments mentioned in the Schedule shall be increased by ten per cent. of the minimum amount of fine or penalty, as the case may be, prescribed therefor, after the expiry of every three years from the date of commencement of this Act.

The amendment or repeal by this Act of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended or repealed; nor shall the amendment or repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

SALIENT FEATURES:
THE PATENT ACT, 1970
1. The extension of penalty for ‘Unauthorized claim of patent rights’ under Section 120 has been increased to 10 lakh rupees along with a further penalty of 1000 rupees for every day in case of continuing claim. Earlier, the penalty could be extended up to 1 lakh rupees.

SECTION 120 OF PATENTS ACT, 1970.
Unauthorised claim of patent rights—If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to one lakh rupees. [Increased to Rs. 10 Lakhs and a further penalty of 1000 rupees for every day in case of continuing claim].

Explanation l.—For the purposes of this section, a person shall be deemed to represent—
(a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word “patent” or “patented” or some other word expressing or implying that a patent for the article has been obtained in India.

(b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words “patent applied for”, “patent pending”, or some other words implying that an application for a patent for the article has been made in India.

Explanation 2.—The use of words “patent”, “patented”, “patent applied for”, “patent pending” or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India
2. Section 121 which provided the punishment for wrongful use of the words ‘patent office’ has now been omitted.

SECTION 121.
Wrongful use of words “patent office”.—If any person uses on his place of business or any document issued by him or otherwise the words “patent office” or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

3. The extension of penalty for ‘Refusal or failure to supply information’ to the Central Government or the Controller under Section 122(1) has been reduced to 1 lakh rupees along with a further penalty of 1000 rupees for every day during which such refusal or failure continues. Earlier, the fine could be extended up to 10 lakh rupees.

SECTION 122.
Refusal or failure to supply information. —
(1) If any person refuses or fails to furnish: —
(a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100.
(b) to the Controller any information or statement which he is required to furnish by or under section 146, he shall be punishable with fine which may extend to ten lakh rupees.
[ reduced penalty to 1 lakh rupees along with a further penalty of 1000 rupees for every day during which such refusal or failure continues].

4. The offence of furnishing false information as mentioned in Section 122(2) has been decriminalized and now the offender would be liable to a penalty of 0.5% of the total sales or turnover of the business or gross receipts in the audited accounts or a sum equal to 5 crore rupees, whichever is less. Earlier, the offender would have to face imprisonment which could be extended up to six months.

SECTION 122(2):
If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
[ Now the offender would be liable to a penalty of 0.5% of the total sales or turnover of the business or gross receipts in the audited accounts or a sum equal to 5 crore rupees, whichever is less].

5. As per the amendment in the penalty for contravention of Section 129 as mentioned in Section 123, a person may be liable to a penalty that may extend to 5 lakh rupees along with a further penalty of 1000 rupees for every day in case of continuing default. Earlier, the offender had to pay a fine of 1 lakh rupees in case of first offence and 5 lakh rupees in case of subsequent offence.

SECTION 123.
Practice by non-registered patent agents. —
If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to one lakh rupees in the case of a first offence and five lakh rupees in the case of a second or subsequent offence.

[ New change a person may be liable to a penalty that may extend to 5 lakh rupees along with a further penalty of 1000 rupees for every day in case of continuing default]

6. Section 124(A), a new provision, has been introduced for the ‘Adjudication of Penalties’ wherein the Controller may authorize an officer to be the adjudicating officer for holding an inquiry and imposing penalty.

SECTION 124A (NEW INSERTION)
Adjudication of penalties. —
The Controller may, by an order, authorise an officer referred to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard.

7. A new provision for ‘Appeal’ namely Section 124(B) has been introduced for providing an opportunity to a person aggrieved by the order of the adjudicating officer under Section 124(A) to prefer an appeal before the appellate authority.

SECTION 124B (NEW INSERTION).
APPEAL. —
(1) Whoever aggrieved by an order of the adjudicating officer under section 124A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.

(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.

(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal.

(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 124A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.

8. By way of amendment, two new clauses have been added in Section 159(2) after clause (xiii) by which the Central Government may now make rules for the manner of holding inquiry and imposing penalty under Section 124(A), as well as the form and manner of preferring appeal under sub-section (2) of Section 124(B).

IN SECTION 159, in sub-section (2), after clause (xiii), the following clauses shall be inserted, namely: —
(xiiia) the manner of holding inquiry and imposing penalty under section 124A.
(xiiib) the form and manner of preferring appeal under sub-section (2) of section 124B;”.

THE TRADEMARK ACT, 1999
1. Section 106, which provided for the penalty for removing piece goods, etc. contrary to Section 81 has been omitted.

SECTION 106 OF TRADEMARKS ACT, 1999.
Penalty for removing piece goods, etc., contrary to section 81. —
If any person removes or attempts to remove or causes or attempts to cause to be removed for sale from any premises referred to in section 81 or sells or exposes for sale or has in his possession for sale or for any purpose of trade or manufacture piece goods or cotton yarn or cotton thread which is not marked as required by that section, every such piece and every such bundle of yarn and all such thread and everything used for the packing thereof shall be forfeited to Government and such person shall be punishable with fine which may extend to one thousand rupees.

2. The offence of falsely representing a trademark as registered has been decriminalized and now, the penalty as per Section 107(2) is a sum equal to 0.5% of the total sales or turnover in the business or of the gross receipts as computed in the audited accounts or a sum equal to 5 lakh rupees, whichever is less.

SECTION 107(2)- Penalty for falsely representing a trademark as registered. —
(2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
[ Changed to the penalty as per Section 107(2) is a sum equal to 0.5% of the total sales or turnover in the business or of the gross receipts as computed in the audited accounts or a sum equal to 5 lakh rupees, whichever is less].

3. Section 108, which provided the penalty for improperly describing a place of business as connected with the Trademarks Office, has been omitted and hence, the offence has been decriminalized.

SECTION 108.
Penalty for improperly describing a place of business as connected with the Trade Marks Office.—If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Trade Marks Office, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.[The offence has been decriminalized]

4. Section 109, which provided the penalty for falsification of entries in the register, has been omitted and hence, the offence has been decriminalized.

SECTION 109.
Penalty for falsification of entries in the register.—If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. . [The offence has been decriminalized]

5. Section 112A, a new provision, has been introduced for the ‘Adjudication of Penalties’ wherein the Registrar may authorize an officer to be the adjudicating officer for holding an inquiry and imposing penalty.

SECTION 112A (NEW INSERTION))
Adjudication of penalties. — The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.

6. A new provision for ‘Appeal’ namely Section 112B has been introduced for providing an opportunity to a person aggrieved by the order of the adjudicating officer under Section 112A to prefer an appeal before the appellate authority.

SECTION 112B. (NEW INSERTION)
APPEAL. —
(1) Whoever aggrieved by an order of the adjudicating officer under section 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.

(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.

(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing.

(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 112A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.”

7. By way of the amendment, the offence of failure to provide information regarding imported goods bearing false trademarks within fourteen days has been decriminalized and the offender shall now be liable to a penalty of ten thousand rupees as per Section 140(3).
IN SECTION 140, FOR SUB-SECTION (3), the following sub-section shall be substituted, namely: — “(3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be liable to penalty of ten thousand rupees:

Provided that the penalty under this section shall be levied and recovered by such authority under the Customs Act, 1962 (52 of 1962) for this purpose.”.

8. By way of amendment, two new clauses have been added in Section 157(2) after clause (xxxiii) by which the Central Government may now make rules for the manner of holding inquiry and imposing penalty under Section 112A, as well as the form and manner of preferring appeal under sub-section (2) of Section 112B.
IN SECTION 157, IN SUB-SECTION (2), after clause (xxxiii), the following clauses shall be inserted, namely: —
“(xxxiiia) the manner of holding inquiry and imposing penalty under section 112A; (xxxiiib) the form and manner of preferring appeal under sub-section (2) of section 112B; “.

THE COPYRIGHT ACT, 1957
1. Section 68, which provided for the disposal of infringing copies or plates for the purpose of making infringing copies, has now been omitted.
SECTION 68 IN THE COPYRIGHT ACT, 1957
Penalty for making false statements for the purpose of deceiving or influencing any authority or officer. —
Any person who,—(a)with a view to deceiving any authority or officer in the execution of the provisions of this Act, or (b)with a view to procuring or influencing the doing or omission of anything in relation to this Act or any matter there under, makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

THE GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 1. Section 37A, a new provision, has been introduced for the ‘Adjudication of Penalties’ wherein the Registrar may authorize an officer to be the adjudicating officer for holding an inquiry and imposing penalty.

SECTION 37A.
ADJUDICATION OF PENALTIES. — The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.

2. A new provision for ‘Appeal’ namely Section 37B has been introduced for providing an opportunity to a person aggrieved by the order of the adjudicating officer under Section 37A to prefer an appeal before the appellate authority.

SECTION 37B.
APPEAL—
(1) Whoever aggrieved by an order of the adjudicating officer under section 37A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.

(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.

(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing.

(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 37A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.

3. The offence of falsely representing a geographical indication as registered has been decriminalized and now, the penalty as per Section 42(2) is a sum equal to 0.5% of the total sales or turnover in the business or of the gross receipts as computed in the audited accounts or a sum equal to 5 lakh rupees, whichever is less.

IN SECTION 42, IN SUB-SECTION (2), for the words “punishable with imprisonment for a term which may extend to three years, or with fine, or with both”, the words “liable to penalty of a sum equal to one-half per cent. of the total sales or turnover, as the case may be, in business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five lakh rupees, whichever is less” shall be substituted.

4. Section 43, which provided the penalty for improperly describing a place of business as connected with the Geographical Indications Registry, has been omitted and hence, the offence has been decriminalized.

SECTION 43 – Penalty for improperly describing a place of business as connected with the Geographical Indications Registry.
If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Geographical Indications Registry, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

5. Section 44, which provided the penalty for falsification of entries in the register, has been omitted and hence, the offence has been decriminalized.

SECTION 44 Penalty for falsification of entries in the register.
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

6. By way of amendment, two new clauses have been added in Section 87(2) after clause (o) by which the Central Government may now make rules for the manner of holding inquiry and imposing penalty under Section 37A, as well as the form and manner of preferring appeal under sub-section (2) of Section 37B.

IN SECTION 87, IN SUB-SECTION (2), after clause (o), the following clauses shall be inserted, namely: —
(oa) the manner of holding inquiry and imposing penalty under section 37A.
(ob) the form and manner of preferring appeal under sub-section (2) of section 37B;”.

THE INFORMATION TECHNOLOGY ACT, 2000
1. In section 33, in sub-section (2), for the words “punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both”, the words “liable to penalty which may extend to five lakh rupees” shall be substituted.

SECTION 33
SURRENDER OF LICENCE. —
(1) Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.

(2) Where any Certifying Authority fails to surrender a licence under sub-section (1), the person in whose favour a licence is issued, shall be guilty of an offence and shall be punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both.

[words “liable to penalty which may extend to five lakh rupees” shall be substituted]

2. In section 44, —
(i) in clause (a), for the words “one lakh and fifty thousand”, the words “fifteen lakh” shall be substituted.
(ii) in clause (b), for the words “five thousand”, the words “fifty thousand” shall be substituted.
(iii) in clause (c), for the words “ten thousand”, the words “one lakh” shall be substituted.
SECTION 44-PENALTY FOR FAILURE TO FURNISH INFORMATION, RETURN, ETC.–If any person who is required under this Act or any rules or regulations made thereunder to–
(a) furnish any document, return or report to the Controller or the Certifying Authority fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and fifty thousand [ Now 15 Lakhs Rupees] rupees for each such failure.

(b) file any return or furnish any information, books or other documents within the time specified therefor in the regulations fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding five thousand [ Now Rs. 50 thousand] rupees for every day during which such failure continues.

(c) maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand [Now one Lakhs] rupees for every day during which the failure continues.

3. In section 45, —
(i) for the words “rules or regulations”, the words “rules, regulations, directions or orders” shall be substituted.
(ii) for the words “compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees”, the following shall be substituted, namely:—”penalty not exceeding one lakh rupees, in addition to compensation to the person affected by such contravention not exceeding— (a) ten lakh rupees, by an intermediary, company or body corporate; or (b) one lakh rupees, by any other person.

SECTION 45- RESIDUARY PENALTY. –
Whoever contravenes any rules or regulations [rules, regulations, directions or orders] made under this Act, for the contravention of which no penalty has been separately provided, shall be liable to pay a compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees.

The following shall be substituted, namely: —”penalty not exceeding one lakh rupees, in addition to compensation to the person affected by such contravention not exceeding— (a) ten lakh rupees, by an intermediary, company or body corporate; or (b) one lakh rupees, by any other person.

4. In section 46, —
(i) in sub-section (1), for the words “under this Chapter”, the words “under this Act” shall be substituted.
(ii) in sub-section (1A), the words “injury or” at both the places where they occur shall be omitted.
SECTION 46- POWER TO ADJUDICATE. –
(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunder which renders him liable to pay penalty or compensation, the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.

(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crore:

Provided that the jurisdiction in respect of the claim for injury or damage exceeding rupees five crores shall vest with the competent court.

5. Section 66A shall be omitted.

SECTION 66A- PUNISHMENT FOR SENDING OFFENSIVE MESSAGES THROUGH COMMUNICATION SERVICE, ETC.–
Any person who sends, by means of a computer resource or a communication device, – (a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device.
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation. –For the purposes of this section, terms ―electronic mail and ―electronic mail message means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

6. In section 67C, in sub-section (2), for the words “punished with an imprisonment for a term which may extend to three years and also be liable to fine”, the words “liable to penalty which may extend to twenty-five lakh rupees” shall be substituted.

SECTION 67C- PRESERVATION AND RETENTION OF INFORMATION BY INTERMEDIARIES. –
(1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
(2) any intermediary who intentionally or knowingly contravenes the provisions of sub-section (1) shall be punished with an imprisonment for a term which may extend to three years and also be liable to fine. [ “liable to penalty which may extend to twenty-five lakh rupees” shall be substituted].

7. In section 68, in sub-section (2), for the words “on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both”, the words “to penalty which may extend to twenty-five lakh rupees” shall be substituted.

SECTION 68- POWER OF CONTROLLER TO GIVE DIRECTIONS. –
(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.

(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. [to penalty which may extend to twenty-five lakh rupees” shall be substituted].

8. In section 69B, in sub-section (4), for the words “three years and shall also be liable to fine”, the words “one year or shall be liable to fine which may extend to one crore rupees, or with both” shall be substituted.

SECTION 69B-POWER TO AUTHORISE TO MONITOR AND COLLECT TRAFFIC DATA OR INFORMATION THROUGH ANY COMPUTER RESOURCE FOR CYBER SECURITY.–(1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.

(4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which any extend to three years and shall also be liable to fine. [liable to fine which may extend to one crore rupees, or with both” shall be substituted].

9. In section 70B, in sub-section (7), for the words “one lakh”, the words “one crore” shall be substituted.

SECTION 70B- INDIAN COMPUTER EMERGENCY RESPONSE TEAM TO SERVE AS NATIONAL AGENCY FOR INCIDENT RESPONSE
(7) Any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under sub-section (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh [One Crore] rupees or with both.

10. In section 72, for the words “punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both”, the words “liable to penalty which may extend to five lakh rupees” shall be substituted.

SECTION 72- PENALTY FOR BREACH OF CONFIDENTIALITY AND PRIVACY.–Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
[“liable to penalty which may extend to five lakh rupees” shall be substituted]

11. In section 72A, —
(i) in the marginal heading, for the word “Punishment”, the word “Penalty” shall be substituted.
(ii) for the words “punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both”, the words “liable to penalty which may extend to twenty-five lakh rupees” shall be substituted.
SECTION 72A-PUNISHMENT FOR DISCLOSURE OF INFORMATION IN BREACH OF LAWFUL CONTRACT.–Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.

[“liable to penalty which may extend to twenty-five lakh rupees” shall be substituted].

DISCLAIMER: the article presented here is only for sharing information with readers. The views expressed herein are personal views of the author, shall not be considered as professional advice. In case of necessity do consult with professionals for more clarity and understanding on subject matter.

SOURCE: The JAN VISHWAS (Amendment of Provisions) Act, 2023 | Ministry of Defence (mod.gov.in)

Posted on: August 9th, 2024