from use of viruses like Trojans and worms etc.
Therefore if anyone secures access to any computer without the permission of the owner shall be liable to pay damages of one crore rupees under Information Technology Act, 2000. Computer system here means a device including input and output support devices and systems which are capable of performing logical, arithmetical, data storage and retrieval, communication control and other functions but excludes calculators. Unauthorised access under Section 43 of the Information Technology Act 2000 is punishable regardless of the intention or purpose for which unauthorised access to the computer system was made. Owner needn’t prove the facto of loss, but the fact of it been used without his authorisation. Case of United States v. Rice would be important in this regard where defendant on the request of his friend (who was been under investigation by IRS officer) tried to find the status of his friend’s case by using officer’s computer without his consent. Though it didn’t cause any damage/loss to the plaintiff (officer) but was convicted by the Jury for accessing the computer system of a Government without his authority and his conviction was later on confirmed. Even if one provides any assistance to the other to gain any unauthorised access to the computer he shall be liable to pay damages by way of compensation of Rupees 1 crore.
Does turning on the computer leads to unauthorized access? The mens rea under section 1 of the Computer misuse Act, 1990 comprises of two elements there must be an intent to secure an access to any programme or data held in any computer, and the person must know that he intends to secure an unauthorized access. e.g. When defendants went to his former