DEFINITIONS

What is a computer ?

According to Section 2 (1) (i) of the IT ACT, 2000

"computer" means any electronic magnetic, optical or other high-speed data processing device or
system which performs logical, arithmetic, and memory functions by manipulations of electronic,
magnetic or optical impulses, and includes all input, output, processing, storage, computer
software, or communication facilities which are connected or related to the computer in a computer
system or computer network;

In the case of Whirlpool Of India Ltd v. Videocon Industries Ltd. ( Appeal (L) No. 554/2012;
Bombay High Court) a question came before the court which was whether washing machine could
be considered as a computer? It was observed by the Hon’ble High court that a washing machine
with a fuzzy logic system would now be accepted as a computer, if it can be proved that it performs
an arithmetic function too. By arithmetic function one mean an ability to perform functions like
addition, subtraction, division and multiplication. In order to perform these functions one must be
able to write into memo by and get an answer which is not possible in a fuzzy logic. In this case
the washing machine had only read only memory and therefore, calculators which are not
programmable, have been excluded from the scope of the definition of computer system.

In the case of Syed Asifuddin v. State of Andhra Pradesh [2005 CriLJ 4314], Reliance Infocomm
launched a scheme under which a cell phone subscriber was offered a digital handset worth Rs.
10,500 and a service bundle for three years with an initial payment of Rs. 3350 and monthly
outflow of Rs. 600. The scheme was a conditional scheme as the handset was technologically
locked in a manner that it would work only with the Reliance Infocomm services. Subsequent to
the launch of the scheme, some unidentified persons contacted Reliance customers with an offer
to change to a lower priced Tata Indicom scheme. As part of the deal, Tata Indicom would
technologically “unlock” the phone of the subscriber so that the exclusive Reliance handsets could
be used for the Tata Indicom service. When the Reliance officials came to know about this
‘unlocking’ by Tata employees, the company lodged a FIR under various provisions of the IPC,
IT Act and the Copyright Act. One of the issues of this case was whether telephone handset a
computer or a computer system containing a computer programme? It was held that It was held
that a cell phone was a computer as envisaged under the Information Technology Act and
tampering with the source code invokes Section 65 of the Act. The reason for the conclusion was
that handset had features which could perform arithmetic function. After the judicial precedents it
has been held that any electronic machine which can do arithmetic function is a computer.
Electronic machines which have fuzzy logic or read only memory and which have no ability to
perform arithmetic machine, it is not a computer.

What is a computer system ?

According to Section 2 (1) (l) "computer system" means a device or collection of devices,
including input and output support devices and excluding calculators which are not programmable
and capable of being used in conjunction with external files, which contain computer programmes,
electronic instructions, input data and output data, that performs logic, arithmetic, data storage and
retrieval, communication control and other functions;

What is a computer network ?

According to Section 2(1) (j) "computer network" means the interconnection of one or more
computers through— (i) the use of satellite, microwave, terrestrial line or other communication
media; and (ii) terminals or a complex consisting of two or more interconnected computers
whether or not the interconnection is continuously maintained;