Concerning Cyber Crime, Section ................ provides for the adjudication of disputes for awarding compensation.

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MH SET Paper-II: Sociology 7th April 2024
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  1. 46
  2. 51
  3. 63
  4. 21

Answer (Detailed Solution Below)

Option 1 : 46
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MH SET Paper 1: Held on 26th Sep 2021
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Detailed Solution

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The correct answer is - 46

Key Points

  • Section 46 of the Information Technology Act, 2000 provides for the adjudication of disputes in cases of cyber crime.
  • It authorizes adjudicating officers to handle cases where the claim for compensation does not exceed a specified monetary threshold.
  • The section empowers the adjudicating officer to:
    • Conduct inquiries into alleged violations of the Act.
    • Award compensation to the affected parties for any damage or loss incurred due to cyber crimes.
  • This provision ensures that victims of cyber crimes have a legal mechanism to seek justice and compensation for their losses.

Additional Information

  • Adjudicating Officer
    • Section 46 specifies that the Central Government will appoint an officer not below the rank of a Director to the Government of India as the adjudicating officer.
    • The officer has the power to:
      • Summon individuals.
      • Examine witnesses under oath.
      • Demand the production of documents.
  • Cyber Crime and Compensation
    • Cyber crimes such as identity theft, phishing, and data breaches often result in financial loss or reputational damage.
    • Section 46 ensures victims can claim compensation for such damages.
  • Monetary Threshold
    • Adjudicating officers can only handle cases where the claim amount does not exceed ₹5 crore.
    • Claims exceeding this limit are referred to civil courts.
  • Other Relevant Sections
    • Section 43: Deals with penalties for unauthorized access or damage to computer systems.
    • Section 66: Covers criminal offenses related to computer systems.
    • Both sections often work in conjunction with Section 46 to address cyber crimes comprehensively.
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