COMPUTER CRIME ACT

Arrangement of Sections

1. Short title.

2. Application of this Act.

PART I

Computer Crime

3. Securing unauthorised access to a computer an offence.

4. Doing any act to secure unauthorised access in order to commit an offence.

5. Causing a computer to perform a function without lawful authority an offence.

Illustrations

6. Offences committed against national security.

7. Dealing with data unlawfully obtained an offence.

8. Illegal interception of data, an offence.

9. Using of illegal devices, an offence.

10. Unauthorised disclosure of information enabling access to a service, an offence.

11. Attempts to commit offence.

12. Abetment of an offence.

13. Conspiring to commit an offence.

14. Compensation to be awarded for loss or damage consequent to an offence.

PART II

Investigations

15. Offences under this Act to be investigated under the provisions of the Code of Criminal Procedure.

16. Offence under the Act to be congnisable offences.

17. Appointment of a panel of experts.

18. Powers of search and seizure with warrant.

19. Preservation of information.

20. Normal use of computer not to be hampered.

21. Power of police officer to arrest, search and seize.

22. Police officer to record and afford access to seized data.

23. Duty to assist investigation.

24. Confidentiality of information obtained in the course of an investigation.

PART III

Miscellaneous

25. Jurisdiction.

26. Proof of document issued by an expert or a Police Officer.

27. Amendment of the Schedule to the Extradition Law, No. 8 of 1977.

28. Immunity from legal proceedings.

29. Experts deemed to be peace officer and public officer.

30. Offences by bodies of persons.

31. Presumptions

32. Regulations.

33. Minister to notify requesting State, of measures taken against persons for whose extradition request is made.

34. Rights of certain persons arrested for offences under this Act.

35. Assistance to Convention States.

36. Offences under this Act, not to be political offences, for the purposes of the Extradition Law.

37. Sinhala text to prevail in the event of inconsistency.

38. Interpretation.

24 of 2007.

AN ACT to provide for the identification of computer crime and to provide the procedure for the investigation and prevention of such crimes; and to provide for matters connected therewith and incidental thereto.

[Date of Commencement: 9th July, 2007]

1. Short title.

This Act may be cited as the Computer Crime Act.

2. Application of this Act.

(1) The provisions of this Act shall apply where—

(a) a person commits an offence under this Act while being present in Sri Lanka or outside Sri Lanka;

(b) the computer, computer system or information affected or which was to be affected, by the act which constitutes an offence under this Act, was at the material time in Sri Lanka or outside Sri Lanka;

(c) the facility or service, including any computer storage, or data or information processing service, used in the commission of an offence under this Act was at the material time situated in Sri Lanka or outside Sri Lanka; or

(d) the loss or damage is caused within or outside Sri Lanka by the commission of an offence under this Act, to the State or to a person resident in Sri Lanka or outside Sri Lanka.

(2) For the purposes of paragraph (d) of subsection (1) "person” includes a body of persons corporate or unincorporate.

PART I

Computer Crime

3. Securing unauthorised access to a computer an offence.

Any person who intentionally does any act, in order to secure for himself or for any other person, access to—

(a) any computer; or

(b) any information held in any computer,

knowing or having reason to believe that he has no lawful authority to secure such access, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees, or to imprisonment of either description for a term which may extend to five years, or both such fine and imprisonment.

4. Doing any act to secure unauthorised access in order to commit an offence.

Any person who intentionally does any act, in order to secure for himself or for any other person, access to—

(a) any computer; or

(b) any information held in any computer,

knowing or having reason to believe that he has no lawful authority to secure such access and with the intention of committing an offence under this Act or any other law for the time being in force, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred thousand rupees or to imprisonment of either description for a term which may extend to five years or to both such fine and imprisonment.

Explanation 1— for the purposes of paragraph (a) the mere turning on of a computer is sufficient.

Explanation 2— for the purposes of paragraph (b)—

(a) there should be an intention to secure any programme or data held in any computer;

(b) the access intended to be secured, should be unauthorised;

(c) it is not necessary to have access directed at any particular programme, data or computer.

5. Causing a computer to perform a function without lawful authority an offence.

Any person who, intentionally and without lawful authority causes a computer to perform any function knowing or having reason to believe that such function will result in unauthorised modification or damage or potential damage to any computer or computer system or computer programme shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred thousand rupees or to imprisonment of either description for as term which may extend to five years or to both such fine and imprisonment.

Illustrations

For any unauthorised modification or damage or potential damage to any computer or computer system or computer programme to take place, any one of the following may occur—

(a) impairing the operation of any computer, computer system or the reliability of any data or information held in any computer; or

(b) destroying, deleting or corrupting, or adding, moving or altering any information held in any computer;

(c) makes use of a computer service involving computer time and data processing for the storage or retrieval of data;

(d) introduces a computer program which will have the effect of malfunctioning of a computer or falsifies the data or any information held in any computer or computer system.

Explanation- for the purposes of paragraphs (a) to (d) above, it is immaterial whether the consequences referred to therein were of a temporary or permanent nature.

6. Offences committed against national security.

(1) Any person who intentionally causes a computer to perform any function, knowing or having reason to believe that such function will result in danger or imminent danger to—

(a) national security;

(b) the national economy; or

(c) public order,

shall be guilty of an offence and shall on conviction be punishable with imprisonment of either description for a term not exceeding five years.

(2) In a prosecution for an offence under paragraphs (a) or (c) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Defence or, in a prosecution for an offence under paragraph (b) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Finance, stating respectively, that the situation envisaged in subsection (1) did in fact exist in relation to national security or public order, or the national economy, as the case may be, shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.

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