Section 38. Penalty for unauthorised access to the Central Identities Data Repository
Whoever, not being authorised by the Authority, intentionally,---
(a) accesses or secures access to the Central Identities Data Repository;
(b) downloads, copies or extracts any data from the Central Identities Data Repository or stored in any removable storage medium;
(c) introduces or causes to be introduced any virus or other computer contaminant in the Central Identities Data Repository;
(d) damages or causes to be damaged the data in the Central Identities Data Repository;
(e) disrupts or causes disruption of the access to the Central Identities Data Repository;
(f) denies or causes a denial of access to any person who is authorised to access the Central Identities Data Repository;
(g) reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts;
(h) destroys, deletes or alters any information stored in any removable storage media or in the Central Identities Data Repository or diminishes its value or utility or affects it injuriously by any means; or
(i) steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the Authority with an intention to cause damage,
shall be punishable with imprisonment for a term which may extend to 1[ten years] and shall also be liable to a fine which shall not be less than ten lakh rupees.
Explanation.--- For the purposes of this section, the expressions "computer contaminant", "computer virus" and damage shall have the meanings respectively assigned to them in the Explanation to section 43 of the Information Technology Act, 2000 (21 of 2000), and the expression "computer source code" shall have the meaning assigned to it in the Explanation to section 65 of the said Act.
Judgements applying section 38
The Court dismissed a bail application filed by Biplab Sarkar in connection with a case involving the preparation of fake documents for Bangladeshi nationals. Finding the petitioner in custody for over a year and considering the nature of the offence, the Court refused bail.
DismissedOpenCOURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39592 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- Cyber P.S. District- Araria ====================================================== Md. Mohsin Alam @ Md. Mohsin @ Sonu S/O
DismissedOpenBail - Regular bail - Petitioner sought enlargement in Gopalganj Cyber P.S. Case No. 85 of 2026 registered for offences under sections 318(4), 319(2), 336, 337, 338, 339, 340 of BNS, Sections 66, 66-C, 66D, 73 and 74 of the I.T.
AllowedOpenCourt No.35. D/L.35. Rakib (Rejected) CRM (M) 2612 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with STF Pol
DismissedOpenJUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36642 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Mohit Kumar, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State-respondent
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-27619-2025 Date of Decision: 02.09.2025 Rajwinder Kaur @ Jasvir Kaur ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr.G
AllowedOpen
Show 1 more
Case :- CRIMINAL MISC. WRIT PETITION No. - 7014 of 2019 Petitioner :- Mohammad Eeshan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivanand Mishra Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J. Hon'ble Umesh K
DismissedOpen