42. General provisions relating to offences.—(1) Whoever provides telecommunication services or
establishes telecommunication network without authorisation under sub-section (1) of section 3, or causes
damage to critical telecommunication infrastructure shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend up to two crore rupees, or with both.
(2) Whoever directly or indirectly or through personation—
(a) gains or attempts to gain unauthorised access to a telecommunication network or to data of an
authorised entity or transfers data of an authorised entity; or
(b) intercepts a message unlawfully,
shall be punishable with imprisonment for a term which may extend to three years, or with fine which
may extend up to two crore rupees, or with both.
Explanation.—For the purposes of this sub-section,—
(i) the expression “personation” sha1ll have the same meaning as assigned to it under section
416 of the Indian Penal Code (45 of 1860);
(ii) data of an authorised entity includes call data records, internet protocol data records, traffic
data, subscriber data records and the like.
(3) Whoever, —
(a) possesses or uses without an authorisation, any equipment that blocks telecommunication;
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(b) uses telecommunication identifiers not allotted or permitted in accordance with
sub-sections (8) and (9) of section 3;
(c) tampers with telecommunication identifiers;
(d) possesses radio equipment without an authorisation or an exemption that can accommodate
more than specified number of subscriber identity modules;
(e) obtains subscriber identity modules or other telecommunication identifiers through fraud,
cheating or personation;
(f) wilfully possesses radio equipment knowing that it uses unauthorised or tampered
telecommunication identifiers,
shall be punishable with imprisonment for a term which may extend to three years, or with fine which
may extend up to fifty lakh rupees, or with both.
(4) Whoever wilfully contravenes any measures specified in the notification on national security
under section 21 shall be punishable with imprisonment for a term which may extend to three years, or
with fine which may extend up to two crore rupees, or with both and the Central Government may, if it
deems fit, also suspend or terminate the telecommunication service of such person.
(5) Whoever causes damage to telecommunication network, other than critical telecommunication
infrastructure shall be liable for compensation for the damage caused and fine which may extend up to
fifty lakh rupees.
(6) Whoever abets any offence, or attempts to commit, or conspires to commit an offence under this
Act, shall if the act abetted or conspired is committed in consequence of such abetment or conspiracy, be
punished with the punishment provided for the offence.
(7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all
offences specified under this section shall be cognizable and non-bailable.
(8) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first
class shall try any offence punishable under this Act.
43. Power to search.—Any officer authorised by the Central Government in this behalf, may search
any building, vehicle, vessel, aircraft or place in which he has reason to believe that any unauthorised
telecommunication network or telecommunication equipment or radio equipment in respect of which an
offence punishable under section 42 has been committed, is kept or concealed and take possession
thereof.
44. Supply of information to authorised officers.—Notwithstanding anything contained in any law
for the time being in force, where the Central Government is satisfied that any information, document or
record in possession or control of any authorised entity or assignee relating to any telecommunication
service, telecommunication network or use of spectrum, availed by any entity or consumer or subscriber
is necessary to be furnished in relation to any pending or apprehended civil or criminal proceedings, an
officer, specially authorised in writing by the Central Government in this behalf, shall direct such
authorised entity or assignee to furnish such information, document or record to him and the authorised
entity or assignee shall comply with the direction of such officer.