Cyber crime Terminologies(Part-III)
Spreading Viruses
Computer virus has been defined in explanation (iii) to Section 43 of the IT Act to mean - "any computer instruction, information, data or program that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a program, data or instruction is executed or some other event takes place in that computer resource".
Section 43 (C) of the IT Act stipulates that if any person introduces any computer contaminant or computer virus into any computer, computer system or computer network, without permission of the owner or person in change, he shall be liable to pay damages by way of compensation.For instance, sending a file infected by a computer virus to another person, thus introducing such virus into his computer without his consent would make one liable under section 43 (C).
The affected person, no doubt, is at liberty to quantify the losses incurred by him. If the act is done dishonestly or fraudulently, section 66 will be attracted (imprisonment for a term which may extend to three years or fine which may extend to rupees 5 lakh or both).Section 43(e) (disrupting any computer, computer system or computer network) may also apply in cases of spreading viruses and worms.
It is worth mentioning here that IT Act does not cover bots (computer programs that post automatic replies on websites and /or send automatic emails just to create havoc or spam).
Examples : I LOVE YOU virus and Trojan horse
