Tampering With Computer Source Documents

In one line

Knowingly or intentionally concealing, destroying or altering computer source code that some law requires to be kept, or causing another to do so, is punishable with three years or two lakh rupees or both.

In the wording a student can write in an exam: section 65 of the Information Technology Act, 2000 provides that whoever knowingly or intentionally conceals, destroys or alters, or intentionally or knowingly causes another to conceal, destroy or alter, any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Why source code got its own offence

Source code is the thing from which everything else is made. Destroy the compiled programme and it can be rebuilt; destroy the source and the system cannot be repaired, audited or proved.

And it is the evidence in a dispute about software. In a licensing quarrel, a tax audit or an investigation into a manipulated system, the source is what shows what the machine was told to do.

So the section protects code the law itself requires to be kept. It is not a general offence of destroying software. It is an offence against a legal duty of preservation.

The provision itself

The conduct. Conceals, destroys or alters; or intentionally or knowingly causes another to conceal, destroy or alter.

The object. Any computer source code used for a computer, computer programme, computer system or computer network.

The condition. When the computer source code is required to be kept or maintained by law for the time being in force.

The mental element. Knowingly or intentionally for the first limb; intentionally or knowingly for causing another.

The punishment. Imprisonment up to three years, or fine up to two lakh rupees, or both.

The Explanation. "Computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.

Broken down: four things to prove

One, the material is computer source code. The Explanation is wide: not only the listing of the programme but the commands, the design and layout, and the programme analysis, and in any form. A printed design document can be source code within this section.

Two, it is used for a computer, programme, system or network. Code that is used for nothing is outside the section.

Three, some law requires it to be kept or maintained. This is the condition that decides most cases. The section supplies no such duty of its own; it borrows one. A company law requirement to preserve records, a licence condition imposed by statute, a sectoral regulation: the prosecution must point to the law.