Section 45 of ITA, 2000 : Section 45: Residuary Penalty

Explanation using Example

Let's consider a scenario where John, a software developer, creates a mobile application that collects user data. He fails to include the necessary privacy policy in his app, which is a requirement under the rules of the Information Technology Act, 2000. However, there is no separate penalty mentioned for this specific contravention in the Act.

A user, Sarah, finds out about this and files a complaint. According to Section 45 of the Act, John may be held liable to pay compensation up to twenty-five thousand rupees to Sarah for the harm caused by his contravention. Alternatively, he could be penalized up to twenty-five thousand rupees for contravening the rules.