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      Question

      Which of the following is NOT one of the explicit

      factors to be considered by the adjudicating officer while determining the quantum of compensation under the IT Act, 2000?
      A Amount of unfair gain made Correct Answer Incorrect Answer
      B Amount of loss caused to any person Correct Answer Incorrect Answer
      C Repetitive nature of the default Correct Answer Incorrect Answer
      D Financial position of the accused Correct Answer Incorrect Answer
      E All of the above are explicit factors Correct Answer Incorrect Answer

      Solution

      Section 47 of the IT Act explicitly lists three factors for determining compensation: 1. Amount of unfair gain, 2. Amount of loss caused, and 3. Repetitive nature of the default. The financial position of the accused is not mentioned as a factor. Therefore, Option D correctly identifies something that is not an explicit statutory consideration, while Option E is incorrect because not all options listed are statutory factors.Β 

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