Penal Code Act, 2008, computer and electronic related offences
The Penal Code Act, 2008 (Act 9 of 2008), ss. 388-394 (Computer and Electronic Related Offences)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 22 August 2008.
A computer misuse rule binding public and private bodies.
As of 7 September 2026.
What it requires
- Do not gain access to, destroy, alter, copy, transfer, or interfere with data, a programme, or a system held in a computer or computer network without authority from its owner.
- Do not deliberately introduce a computer virus into a computer or computer network without authority from its owner.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Unauthorised access committed in an aggravating circumstance under section 392(a) carries imprisonment for a term not exceeding ten years or a fine or both; any other case carries imprisonment for a term not exceeding three years or a fine or both (s. 389(2)).
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Sections 388 to 394 of the Penal Code Act, 2008 create a set of computer-misuse offences. Section 389 makes it an offence to gain access to, destroy, alter, copy, transfer, or interfere with data, a programme, or a system held in a computer or computer network without authority from its owner, and section 389(3) provides a defence where the accused was not motivated by malice and the conduct did not materially affect the data, programme, system, or the owner's interests.
Sections 390, 391, 393, and 394 separately criminalise introducing a computer virus, unauthorised manipulation of a proposed computer programme, and unauthorised use of a credit or debit card or of a password or PIN number.
When LexLint raises it
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