BNS Section 301 - Unauthorized Access to Computer System
Whoever with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means commits hacking.
Official Text
“Whoever with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means commits hacking.”
Legal Analysis
Elements to Prove:
- Unauthorized access to computer system.
- Intent to cause damage.
- Actual damage or alteration.
Potential Defenses:
- Authorized access.
- No intent to cause damage.
- Legitimate system administration.
Practical Examples
What Constitutes the Offense:
Breaking into computer systems, deleting important data, altering system configurations.
What Doesn't Constitute:
Authorized system administration, legitimate testing, or lawful access.
Punishment
Imprisonment up to 3 years, or Fine up to ₹2 lakh, or both