INDIA Law and Practice Contributed by: Vijayendra Pratap Singh, Asif Ahmed, Bhanu Jindal and Khushi Mittal, AZB & Partners
expands the extraterritorial reach by making abetment by a person outside India of an offence committed within India punishable. In addition, while the InTech Act provides for spe - cific offences targeting computer networks, offences which are not specifically covered under the InTech Act can be prosecuted under the BNS. However, for offences that fall within the scope of both statutes, the InTech Act will prevail over the BNS. Hacking and Data Theft A number of actions, ranging from hacking, data theft, virus attacks, causing damage to computer networks, destroying/denying access to authorised persons, and tampering with/manipulating computer systems, are prohibited under the InTech Act. The maximum punishment for the above offences is imprisonment for up to three years and/or a fine of up to INR500,000. The InTech Act also prescribes punishment for dishon - estly receiving a stolen computer resource or commu - nication device, which may result in imprisonment for up to three years and/or a fine of up to INR100,000. Sending, by computer or communication device, any information that is grossly offensive, menacing, or knowingly false with the intention of causing annoy - ance, danger, obstruction, insult, injury, criminal intimi - dation, enmity, hatred, or ill will, or issuing emails to cause annoyance, inconvenience, or to deceive or mislead about the origin of such messages, is pun - ishable with imprisonment for up to three years and a fine. Fraudulent or dishonest use of an electronic signature, password, or any other unique identification feature of a person is punishable with imprisonment for a term of up to three years and a fine of up to INR100,000. 3.10 Financial/Trade/Customs Sanctions Indian foreign trade/customs laws establish restric - tions on the import/export of specified items from cer - tain countries and entities. Some regulated commodi - ties may be subject to quantity controls. Commodities on the List of Special Chemicals, Organisms, Materi - als, Equipment, and Technologies (“SCOMET List”) or covered under multilateral treaties and arrangements
are subject to control and require central government permission. Trade sanctions on countries or entities usually stem from UN resolutions, other international organisations, sanctions, and embargoes. UN-based sanctions are enforceable under the United Nations (Security Coun - cil) Act 1947, empowering India to implement UNSC sanctions. Sanctions are typically effected through Foreign Trade Policy amendments, managed by the Director General of Foreign Trade (DGFT) under the Foreign Trade (Development and Regulation) Act, 1992 (“FTDR Act”). Under the FTDR Act, any person who attempts, makes or abets the import or export of goods, technology, or services in contravention of prohibitions or restrictions specified in the Act or notified in the FTP, commits an offence. Penalties are administrative, comprising a minimum fine of INR1,000 up to five times the value of the goods or technology, and the suspension or cancellation of the Importer-Exporter Code issued by the DGFT. Similarly, the Customs Act addresses smuggling and duty evasion through criminal offences under Sections 132–135A. To constitute an offence, there must be: (i) prohibited or dutiable goods as defined by cus - toms notifications; (ii) intent to evade customs duty or import/export restrictions; and (iii) acts such as carrying, concealing, removing, or dealing with such goods. Fines and/or terms of imprisonment may be imposed for contravention of the Customs Act. Restrictions on imports from or exports to speci - fied countries, organisations, or entities are typically aligned with UN Security Council Resolutions or other international regimes, such as those administered by the International Atomic Energy Agency (IAEA). 3.11 Concealment Under the BNS, whoever intends to facilitate, or know - ingly causes the facilitation of the commission of, an offence punishable with death or life imprisonment, voluntarily conceals, by any means, the existence of a design to commit such offence or makes any rep - resentation which they know to be false in respect of such design, shall:
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