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20. As Section 66 refers Section 43 of the Information Technology Act, therefore, both Sections required to be read conjointly. Section 43 under Chapter IX of the Information Technology Act deals with Penalties and compensation and adjudication.

Section 43 reproduced as under:-

"penalty and compensation for damage to computer, computer system, etc. If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network (a) accesses or secures access to such computer, computer system or computer network [or computer resource];
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or computer 37 apl 792.19.odt..odt network in contravention of the provisions of this Act, rules or regulations made thereunder;

23. The Hon'ble Apex Court in the case of Gagan Harsh Sharma vs. State of Maharashtra and others reported in (2019) Cri.L.J. 1398 in paragraph No.17 observes as follows "applying the aforesaid principles to the facts involved in the case, perusal of the complaint would reveal that the allegations related to the use of the data code by the employees of the complainant company by accessing the Code and stealing the said data by using the computer source code. The Act of accessing or securing access to computer/computer system or computer network or computer resources by any person without permission of the owner or any person who is in charge of the computer, computer system, computer network or downloading of any such data or information from computer in a similar manner falls within the purview of Section 43 of the Information Technology Act, 2000. When such Act is done dishonestly and fraudulently it would attract the punishment under Section 66 of the Information Technology Act, such Act being held to be an offence. The ingredients of dishonestly and fraudulently are the 37 apl 792.19.odt..odt same which are present if the person is charged with Section 420 of the Indian Penal Code, 1860. The offence of Section 379 in terms of technology is also covered under Section 43. Further, as far as Section 408 is concerned which relates to criminal breach of trust, by a clerk or servant who is entrusted in such capacity with the property or with any dominion over property, would also fall within the purview of Section 43 would intends to cover any act of accessing a computer by a person without permission of the owner or a person in charge of computer and/ or stealing of any data, computer data base or any information from such computer or a computer system including information or data held or stored in any removable storage medium and if it is done with fraudulent and dishonest intention then it amounts to an offence. The ingredients of an offence which are attracted by invoking and applying Sections 420, 408, 379 of the Indian Penal Code are covered by Section 66 of the Information Technology Act, 2000 and prosecuting the petitioners under the both Indian Penal Code, 1860 and Information Technology Act would be a brazen violation of protection against double jeopardy.