“Tampering is Great Art of Creativity, but on the Cost of Others”

Introduction

I was to purchase an I Phone I was  discussing this with my friend at the bus stop suddenly a boy approached me and said that he knows a dealer who could give me an I Phone with android applications working in it by just charging 2000 bucks extra than the market price.

I was very excited and happy, and share the same offer with my elder brother who was an MCA pursuing student. He suddenly asked my “Did you purchase that” I replied casually “no, I will tomorrow”. He said me not to as that may be a phone with Tampered Source code. Initially I did not accept it but after he showed me the licence, user and distribution agreement and conditions I realised that I could have committed a crime punishable under sec 63 of the IT Act. Woooooffff … I was saved.

Computer source code

lt is the listing of programmes, design and layout or computer commands and programme analysis of computer resource in any form. Computer source code need not only be in the electronic form but lt can be printed on a paper (example printouts of flowchart for designing a software application).[1]

Example:- as in the case above the operating system of the phone is designed with a source code that only allows the phone to use authentic Apple applications.

Tampering

It means to bring a change in the existing form and can be possibly done by Concealing, Alteration or Destruction where,

Conceal simply means to hide from.

Alters, in relation to source code, means modifies, changes, makes different etc. This change or modification could be in respect to properties, size, format, value, etc.

Destroys means to cause to cease to exist or make useless or nullify or demolish, or reduce to nothing. Destroying source code includes acts that are likely to render the source code useless for the purpose for which it may have been created.[2]

Example:- as in the case above the apple operating system could on accept authentic software and anything other than that provided by the company could only be done by tampering it’s source code.

As per codes
Section 65 of IT Act 2000 -
Tampering with computer source documents.
Whosoever

• 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 system, computer programme or computer network, when the computer source code is required to be kept or be maintained by law.

Punishment

Such a person may be punishment with imprisonment up to three years or with a fine up to two lakh rupees or with both[3]

Scope of Application

This section deals with only computer source codes that is either:

• Required to be kept (example in a hard disk, a cell phone, server etc.), or
• Required to be maintained by law

Section 63 Copyright Act

In case the tampered source code is a copyrighted material:-
Offence of infringement of copyright conferred by Copyright Act.
Any person who knowingly infringes or abets the infringement of- the copyright in a work may be

• punished with imprisonment for a term not less than six months which may extend to three years and
• fine which shall not be less than fifty thousand rupees but which may be extend to two lakh rupees.[4]

Hemant Kumar Singh
INSTITUTION: University of Petroleum & Energy Studies (UPES), Dehradun.