IT Act 76Chapter XI · Offences
Section 76 · Confiscation
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Any computer, computer system, floppy, compact disc, tape drive or any other accessory thereto, in respect of which any provision of this Act, the rules, orders or regulations made thereunder has been or is being contravened, shall be liable to be confiscated:
Provided that where it is proved to the satisfaction of the Court making an award of confiscation that the person in whose possession, power or control any such computer, computer system, floppy, compact disc, tape drive or any other accessory thereto is found is not responsible for the contravention of the provisions of this Act, the rules, orders or regulations made thereunder, the Court may, instead of making an order for the confiscation of such computer, computer system, floppy, compact disc, tape drive or any other accessory thereto, make such other order as authorised by this Act against the person who has contravened the provisions of this Act or the rules, orders or regulations made thereunder, Whatever he thinks is right.
Provided that where it is proved to the satisfaction of the Court making an award of confiscation that the person in whose possession, power or control any such computer, computer system, floppy, compact disc, tape drive or any other accessory thereto is found is not responsible for the contravention of the provisions of this Act, the rules, orders or regulations made thereunder, the Court may, instead of making an order for the confiscation of such computer, computer system, floppy, compact disc, tape drive or any other accessory thereto, make such other order as authorised by this Act against the person who has contravened the provisions of this Act or the rules, orders or regulations made thereunder, Whatever he thinks is right.
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