(1) Any person who circumvents an effective technological measure applied to protect any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) shall prevent any person from:-
- Doing anything referred to therein for a purpose not expressly prohibited by Indian Copyright Act: Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or
- Doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or
- Conduction any lawful investigation; or
- Doing anything necessary to test the security of a computer system or a computer network with owner’s authorization; or
- Operator; or
- Doing anything to circumvent technological measures intended for identification or surveillance of a user; or
- Taking measures necessary in the interest of national security.