Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:
Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the rules, orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or other accessories, make such other order authorised by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.
Legal Commentary & Landmark Judgments: Section 76
Section 76 provides for the confiscation of any computer, computer system, floppies, compact disks, tape drives, or other accessories involved in any contravention of the Act, subject to a statutory safeguard protecting innocent owners who had no knowledge of the contravention.
When petitioning for the release of enterprise servers or company laptops seized under Section 76, file an application supported by corporate security policies demonstrating that the employee acted in breach of enterprise rules without management consent, invoking the innocent owner shield.