INFORMATION TECHNOLOGY ACT, 2000
[Act No. 21 of 2000]
[09th June, 2000]
PREAMBLE
An Act to provide legal recognition for transactions carried out by
means of electronic data interchange and other means of electronic
communication, commonly referred to as "electronic commerce", which
involve the use of alternatives to paper-based methods of communication and
storage of information, to facilitate electronic filing of documents with the
Government agencies and further to amend the Indian Penal Code, the Indian
Evidence Act, 1872, the Banker's Books Evidence Act, 1891 and the Reserve Bank
of India Act, 1934 and for matters connected therewith or incidental thereto;
WHEREAS the
General Assembly of the United Nations by resolution A/RES/51/162, dated 30th
January, 1997 has adopted the Model Law on Electronic Commerce adopted by the
United Nations Commission on International Trade Law;
AND WHEREAS
the said resolution recommends, inter alia, that all States give favourable
consideration to the said Model Law when they enact or revise their laws, in
view of the need for uniformity of the law applicable to alternatives to
paper-based methods of communication and storage of information;
AND WHEREAS
it is considered necessary to give effect to the said resolution and to promote
efficient delivery of Government services by means of reliable electronic
records;
BE it
enacted by Parliament in the Fifty-first Year of the Republic of India as
follows:--
Section 1 - Short title, extent, commencement and application
(1)
This Act may
be called the Information Technology Act, 2000.
(2)
It shall
extend to the whole of India and, save as otherwise provided in this Act, it
applies also to any offence or contravention thereunder committed outside India
by any person.
(3)
It shall come into force on such date1 as the Central
Government may, by notification, appoint and different dates may he appointed
for different provisions of this Act and any reference in any such provision to
the commencement of this Act shall be construed as a reference to the
commencement of that provision.
(4)
Nothing in this Act shall apply to documents or transactions specified
in the First Schedule.
Provided
that the Central Government may, by notification in the Official Gazette, amend
the First Schedule by way of addition or deletion of entries thereto,
(5)
Every
notification issued under sub-section (4) shall be laid before each House of
Parliament.]
"(4) Nothing in this Act
shall apply to--
[(a) a negotiable instrument (other than a cheque) as defined in section
13 of the Negotiable Instruments Act, 1881 (26 of 1881);].
(b) a power-of-attorney as
defined in section 1A of the Powers of Attorney Act, 1882 (7 of
1882);
(c) a trust as defined in section
3 of the Indian Trusts Act, 1882 (2 of 1882);
(d) a will as defined in clause
(h) of section (2) of the Indian Succession Act, 1925 (39 of 1925),
including any other testamentary disposition by whatever name called;
(e) any contract for the sale or
conveyance of immovable property or any interest in such property;
(f) any such class of documents
or transactions as may be notified by the Central Government in the Official
Gazette."
Section 2 - Definitions
(1)
In this Act,
unless the context otherwise requires,--
(a)
"access",
with its grammatical variations and cognate expressions, means gaining entry
into, instructing or communicating with the logical, arithmetical or memory
function resources of a computer, computer system or computer network;
(b)
"addressee"
means a person who is intended by the originator to receive the electronic record
but does not include any intermediary;
(c)
"adjudicating
officer" means an adjudicating officer appointed under subsection (1) of
section 46;
(d)
"affixing electronic signature]", with its grammatical variations and cognate
expressions means adoption of any methodology or procedure by a person for the
purpose of authenticating an electronic record by means of digital signature;
[(da) "Appellate Tribunal" means the Appellate Tribunal
referred to in sub-section (1) of section 48;]
(e)
"appropriate
Government" means as respects any matter,--
(i)
enumerated
in List II of the Seventh Schedule to the Constitution;
(ii)
relating to
any State law enacted under List III of the Seventh Schedule to the
Constitution the State Government and in any other case, the Central
Government;
(f)
"asymmetric
crypto system" means a system of a secure key pair consisting of a private
key for creating a digital signature and a public key to verify the digital
signature;
(g)
"Certifying
Authority" means a person who has been granted a licence to issue a [Electronic Signature] Certificate under section 24;
(h)
"certification
practice statement" means a statement issued by a Certifying Authority to
specify the practices that the Certifying Authority employs in issuing 1[Electronic
Signature] Certificates;
[(ha) "communication device" means cell phones, personal
digital assistance or combination of both or any other device used to
communicate, send or transmit any text, video, audio or image;';]
(i)
"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;
(j)
["computer network" means the inter-connection of one or more
computers or computer systems through--
(i) the use of satellite,
microwave, terrestrial line, wireless or other communication media; and
(ii) terminals or a complex
consisting of two or more interconnected computers or communicated
device whether or not the inter-connection is continuously maintained;';
(k)
"computer
resource" means computer, computer system, computer network, computer data
base or software;
(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;
(m)
"Controller"
means the Controller of Certifying Authorities appointed under sub-section (1)
of section 17;
[***]
['(na) "cyber cafe" means any facility from where access to
the internet is offered by any person in the ordinary course of business to the
members of the public;';
(nb) "cyber security means protecting information, equipment
devices, computer, computer resource, communication device and information
stored therein from unauthorised access, use, disclosure, disruption,
modification or destruction".]
(n)
"data"
means a representation of information, knowledge, facts, concepts or
instructions which are being prepared or have been prepared in a formalised
manner, and is intended to be processed, is being processed or has been
processed in a computer system or computer network, and may be in any form
(including computer printouts magnetic or optical storage media, punched cards,
punched tapes) or stored internally in the memory of the computer;
(o)
"digital
signature" means authentication of any electronic record by a subscriber by
means of an electronic method or procedure in accordance with the provisions of
section 3;
(p)
"Digital
Signature Certificate" means a Digital Signature Certificate issued under
sub-section (4) of section 35;
(q)
"electronic
form", with reference to information, means any information generated,
sent, received or stored in media, magnetic, optical, computer memory, micro
film, computer generated micro fiche or similar device;
(r)
"Electronic
Gazette" means the Official Gazette published in the electronic form;
(s)
"electronic
record" means data, record or data generated, image or sound stored,
received or sent in an electronic form or micro film or computer generated
micro fiche;
['(ta) "electronic signature" means authentication of any
electronic record by a subscriber by means of the electronic technique
specified in the Second Schedule and includes digital signature;
(tb) "Electronic Signature
Certificate" means an Electronic Signature Certificate issued under
section 35 and includes Digital Signature Certificate;';]
(u) "function", in
relation to a computer, includes logic, control, arithmetical process,
deletion, storage and retrieval and communication or telecommunication from or
within a computer;
[(ua) Indian Computer Emergency Response Team" means an agency
established under sub-section (1) of Section 70B"]
(v) "information"
includes 5[ data, message, text,] images, sound, voice, codes,
computer programmes, software and data bases or micro film or computer
generated micro fiche;
['(w) "intermediary", with respect to any particular
electronic records, means any person who on behalf of another person receives,
stores or transmits that record or provides any service with respect to that
record and includes telecom service providers, network service providers,
internet service providers, web-hosting service providers, search engines,
online payment sites, online-auction sites, online-market places and cyber
cafes.]
(x) "key pair", in an
asymmetric crypto system, means a private key and its mathematically related
public key, which are so related that the public key can verify a digital
signature created by the private key;
(y) "law" includes any
Act of Parliament or of a State Legislature, Ordinances promulgated by the
President or a Governor, as the case may be, Regulations made by the President
under article 240, Bills enacted as President's Act under sub-clause (a)
of clause (1) of article 357 of the Constitution and includes rules,
regulations, bye-laws and orders issued or made thereunder;
(z) "licence" means a
licence granted to a Certifying Authority under section 24;
(za) "originator" means
a person who sends, generates, stores or transmits any electronic message; or
causes any electronic message to be sent, generated, stored or transmitted to
any other person but does not include an intermediary;
(zb) "prescribed" means
prescribed by rules made under this Act;
(zc) "private key"
means the key of a key pair used to create a digital signature;
(zd) "public key" means
the key of a key pair used to verify a digital signature and listed in the
Digital Signature Certificate;
(ze) "secure system"
means computer hardware, software, and procedure that--
a)
are
reasonably secure from unauthorised access and misuse;
b)
provide a
reasonable level of reliability and correct operation;
c)
are
reasonably suited to performing the intended functions; and
d)
adhere to
generally accepted security procedures;
(zf) "security
procedure" means the security procedure prescribed under section 16 by the
Central Government;
(zg) "subscriber" means
a person in whose name the 1[Electronic Signature] Certificate
is issued;
(zh) "verify", in
relation to a digital signature, electronic record or public key, with its
grammatical variations and cognate expressions, means to determine whether--
(a)
the initial
electronic record was affixed with the digital signature by the use of private
key corresponding to the public key of the subscriber;
(b)
the initial
electronic record is retained intact or has been altered since such electronic
record was so affixed with the digital signature.
(2) Any reference in this Act to
any enactment or any provision thereof shall, in relation to an area in which
such enactment or such provision is not in force, be construed as a reference
to the corresponding law or the relevant provision of the corresponding law, if
any, in force in that area
(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;
"data, text"
"(w) "intermediary", with respect to any particular
electronic message, means any person who on behalf of another person receives,
stores or transmits that message or provides any service with respect to that
message;"
"(n) "7[Appellate Tribunal]" means the
Cyber [***] Appellate Tribunal established under
sub-section (1) of section 48;
Section 3 - Authentication of electronic records
(1)
Subject to
the provisions of this section, any subscriber may authenticate an electronic
record by affixing his digital signature.
(2)
The
authentication of the electronic record shall be effected by the use of
asymmetric crypto system and hash function which envelop and transform the
initial electronic record into another electronic record.
Explanation.--For the purposes of this sub-section, "hash
function" means an algorithm mapping or translation of one sequence of
bits into another, generally smaller, set known as "hash result" such
that an electronic record yields the same hash result every time the algorithm
is executed with the same electronic record as its input making it computationally
infeasible--
(a)
to derive or
reconstruct the original electronic record from the hash result produced by the
algorithm;
(b)
that two
electronic records can produce the same hash result using the algorithm.
(3)
Any person
by the use of a public key of the subscriber can verify the electronic record.
(4)
The private
key and the public key are unique to the subscriber and constitute a
functioning key pair.
Section 3A - Electronic signature
[(1) Notwithstanding anything contained in section
3, but subject to the provisions of sub-section (2), a subscriber may
authenticate any electronic record by such electronic signature or electronic
authentication technique which--
(a)
is
considered reliable; and
(b)
may be
specified in the Second Schedule.
(2) For the
purposes of this section any electronic signature or electronic authentication
technique shall be considered reliable if--
(a)
the
signature creation data or the authentication data are, within the context in
which they are used, linked to the signatory' or, as (the case may be, the authenticator
and to no other person;
(b)
the
signature creation data or the authentication data were, at the time of
signing, under the control of the signatory or, as the case may be, the
authenticator and of no other person;
(c)
any
alteration to the electronic signature made after affixing such signature is
detectable;
(d)
any
alteration to the information made after its authentication by electronic
signature is detectable; and
(e)
it fulfils
such other conditions which may be prescribed.
The Central Government may prescribe the procedure for the purpose of
ascertaining whether electronic signature is that of the person by whom it is
purported to have been affixed or authenticated.
(3)
The Central
Government may, by notification in the Official Gazette, add to or omit any
electronic signature or electronic authentication technique and the procedure
for affixing such signature from the Second Schedule:
Provided that no electronic signature or authentication technique shall
be specified in the Second Schedule unless such signature or
technique is reliable.
(4) Every
notification issued under sub-section (4) shall be laid before each House of
Parliament.]
Section 4 - Legal recognition of electronic records
Where any law provides that information or any other matter shall be in
writing or in the typewritten or printed form, then, notwithstanding anything
contained in such law, such requirement shall be deemed to have been satisfied
if such information or matter is--
(a)
rendered or
made available in an electronic form; and
(b)
accessible
so as to be usable for a subsequent reference.
Section 5 - Legal recognition of electronic signatures
Where any law provides that information or any other matter shall be
authenticated by affixing the signature or any document shall be signed or bear
the signature of any person, then, notwithstanding anything contained in such
law, such requirement shall be deemed to have been satisfied, if such
information or matter is authenticated by means of digital signature affixed in
such manner as may be prescribed by the Central Government.
Explanation.--For the purposes of this section, "signed", with
its grammatical variations and cognate expressions, shall, with reference to a
person, mean affixing of his hand written signature or any mark on any document
and the expression "signature" shall be construed accordingly.
Section 6 - Use of electronic records and electronic signatures in Government and its agencies
(1)
Where any
law provides for—
(a)
the filing
of any form, application or any other document with any office, authority, body
or agency owned or controlled by the appropriate Government in a particular
manner;
(b)
the issue or
grant of any licence, permit, sanction or approval by whatever name called in a
particular manner;
(c)
the receipt
or payment of money in a particular manner then, notwithstanding anything
contained in any other law for the time being in force, such requirement shall
be deemed to have been satisfied if such filing, issue, grant, receipt or
payment, as the case may be, is effected by means of such electronic form as
may be prescribed by the appropriate Government.
(2)
The
appropriate Government may, for the purposes of sub-section (1), by rules,
prescribe—
(a)
the manner
and format in which such electronic records shall be filed, created or issued;
(b)
the manner
or method of payment of any fee or charges for filing, creation or issue any
electronic record under clause (a).
Section 6A - Delivery of services by service provider
[(1) The appropriate Government may, for the
purposes of this Chapter and for efficient delivery of services to the public
through electronic means authorise, by order, any service provider to set up,
maintain and upgrade the computerised facilities and perform such other
services as it may specify, by notification in the Official Gazette.
Explanation.-- For the purposes of this section, service provider so
authorised includes any individual, private agency, private company,
partnership firm, sole proprietor firm or any such other body or agency which
has been granted permission by the appropriate Government to offer services
through electronic means in accordance with the policy governing such service
sector.
(2) The
appropriate Government may also authorise any service provider authorised under
sub-section (1) to collect, retain and appropriate such service charges, as may
be prescribed by the appropriate Government for the purpose of providing
such services, from the person availing such service.
(3) Subject
to the provisions of sub-section (2), the appropriate Government may authorise
the service providers to collect, retain and appropriate service charges under
this section notwithstanding the fact that there is no express provision under
the Act, rule, regulation or notification under which the service is provided
to collect, retain and appropriate e-service charges by the service providers.
(4) The
appropriate Government shall, by notification in the Official Gazette, specify
the scale of service charges which may be charged and collected by the service
providers under this section:
Provided that the appropriate Government may specify different
scale of service charges for different types of services.]
Section 7 - Retention of electronic records
(1)
Where any
law provides that documents, records or information shall be retained for any
specific period, then, that requirement shall be deemed to have been satisfied
if such documents, records or information are retained in the electronic form,
if—
(a)
the
information contained therein remains accessible so as to be usable for a
subsequent reference;
(b)
the
electronic record is retained in the format in which it was originally
generated, sent or received or in a format which can be demonstrated to
represent accurately the information originally generated, sent or received;
(c)
the details
which will facilitate the identification of the origin, destination, date and
time of dispatch or receipt of such electronic record are available in the
electronic record:
Provided that this clause does not apply to any information which is automatically
generated solely for the purpose of enabling an electronic record to be
dispatched or received.
(2)
Nothing in
this section shall apply to any law that expressly provides for the retention
of documents, records or information in the form of electronic records.
Section 7A - Audit of documents etc, maintained in electronic form
Where in any law for the time being in force, there
is a provision for audit of documents, records or information, that provision
shall also be applicable for audit of documents, records or information
processed and maintained in the electronic form.]
Section 8 - Publication of rule, regulation, etc., in Electronic Gazette
Where any law provides that any rule, regulation, order, bye-law,
notification or any other matter shall be published in the Official Gazette,
then, such requirement shall be deemed to have been satisfied if such rule,
regulation, order, bye-law, notification or any other matter is published in
the Official Gazette or Electronic Gazette:
Provided that where any rule, regulation, order, by-law, notification or
any other matter is published in the Official Gazelle or Electronic Gazette,
the date of publication shall be deemed to be the date of the Gazette which was
first published in any form.
Section 9 - Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
Nothing contained in sections 6, 7 and 8 shall confer a right upon any
person to insist that any Ministry or Department of the Central Government or
the State Government or any authority or body established by or under any law
or controlled or funded by the Central or State Government should accept,
issue, create, retain and preserve any document in the form of electronic
records or effect any monetary transaction in the electronic form.
Section 10 - Power to make rules by Central Government in respect of electronic signature
The Central Government may, for the purposes of this Act, by rules,
prescribe--
(i)
the type
of [electronic signature];
(ii)
the manner
and format in which the [electronic signature] shall be affixed;
(iii)
the manner
or procedure which facilitates identification of the person affixing the [electronic signature];
(iv)
control
processes and procedures to ensure adequate integrity,
security and confidentiality of electronic records
or payments; and
(v)
any other
matter which is necessary to give legal effect to 1[electronic
signatures].
Section 10A - Validity of contracts formed through electronic means
[Where in a contract formation, the communication
of proposals, the acceptance of proposals, the revocation of proposals and
acceptances as the case may be, are expressed in electronic form or by means of
an electronic records, such contract shall not be deemed to be unenforceable
solely on the ground that such electronic form or means was used for that
purpose.]
Section 11 - Attribution of electronic records
An electronic record shall be attributed to the originator,--
(a)
if it was
sent by the originator himself;
(b)
by a person
who had the authority to act on behalf of the originator in respect of that
electronic record; or
(c)
by an
information system programmed by or on behalf of the originator to operate
automatically.
Section 12 - Acknowledgement of receipt
(1)
Where the
originator has not [stipulated] that the acknowledgement of receipt of
electronic record be given in a particular form or by a particular method, an
acknowledgement may be given by—
(a)
any
communication by the addressee, automated or otherwise; or
(b)
any conduct
of the addressee, sufficient to indicate to the originator that the electronic
record has been received.
(2)
Where the
originator has stipulated that the electronic record shall be binding only on
receipt of an acknowledgement of such electronic record by him, then, unless
acknowledgement has been so received, the electronic record shall he deemed to
have been never sent by the originator.
(3)
Where the
originator has not stipulated that the electronic record shall be binding only
on receipt of such acknowledgement, and the acknowledgement has not been
received by the originator within the time specified or agreed or, if no time
has been specified or agreed to within a reasonable time, then, the originator
may give notice to the addressee stating that no acknowledgement has been
received by him and specifying a reasonable time by which the acknowledgement
must be received by him and if no acknowledgement is received within the
aforesaid time limit he may after giving notice to the addressee, treat the
electronic record as though it has never been sent.
Section 13 - Time and place of despatch and receipt of electronic record
(1)
Save as
otherwise agreed to between the originator and the addressee, the dispatch of
an electronic record occurs when it enters a computer resource outside the
control of the originator.
(2)
Save as
otherwise agreed between the originator and the addressee, the time of receipt
of an electronic record shall be determined as follows, namely:--
(a) if the
addressee has designated a computer resource for the purpose of receiving electronic
records,--
(i)
receipt
occurs at the time when the electronic record enters the designated computer
resource; or
(ii)
if the
electronic record is sent to a computer resource of the addressee that is not
the designated computer resource, receipt occurs at the time when the
electronic record is retrieved by the addressee;
(b) if the
addressee has not designated a computer resource along with specified timings,
if any, receipt occurs when the electronic record enters the computer resource
of the addressee.
(3)
Save as
otherwise agreed to between the originator and the addressee, an electronic
record is deemed to be dispatched at the place where the originator has his
place of business, and is deemed to be received at the place where the
addressee has his place of business.
(4)
The
provisions of sub-section (2) shall apply notwithstanding that the place where
the computer resource is located may be different from the place where the
electronic record is deemed to have been received under sub-section (3).
(5)
For the purposes
of this section,--
(a)
if the
originator or the addressee has more than one place of business, the principal
place of business, shall be the place of business;
(b)
if the
originator or the addressee does not have a place of business, his usual place
of residence shall be deemed to be the place of business;
(c)
"usual
place of residence", in relation to a body corporate, means the place
where it is registered.
Section 14 - Secure electronic record
Where any security procedure has been applied to an electronic record at
a specific point of time, then such record shall he deemed to be a secure
electronic record from such point of time to the time of verification.
Section 15 - Secure electronic signature
[An electronic signature shall be deemed to be a
secure electronic signature if--
(i)
the
signature creation data, at the time of affixing signature, was under the
exclusive control of signatory and no other person; and
(ii)
the
signature creation data was stored and affixed in such exclusive manner as may
be prescribed.
Explanation.-- In case of digital signature, the "signature
creation data" means the private key of the subscriber.]
"If, by application of a security procedure agreed to by the
parties concerned, it can be verified that a digital signature, at the time it
was affixed, was--
(a)
unique to
the subscriber affixing it;
(b)
capable of
identifying such subscriber;
(c)
created in a
manner or using a means under the exclusive control of the subscriber and is
linked to the electronic record to which it relates in such a manner that if
the electronic record was altered the digital signature would be invalidated.
then such digital signature shall he deemed to be a secure digital
signature."
Section 16 - Security procedure and Pratices
[The Central Government may, for the purposes of
sections 14 and 15, prescribe the security procedures and practices:
Provided that in prescribing such security procedures and practices, the
Central Government shall have regard to the commercial circumstances, nature of
transactions and such other related factors as it may consider appropriate.]
"The Central Government shall, for the purposes of this Act,
prescribe the security procedure having regard to commercial circumstances
prevailing at the time when the procedure was used, including--
(a)
the nature
of the transaction;
(b)
the level of
sophistication of the parties with reference to their technological capacity;
(c)
the volume
of similar transactions engaged in by other parties;
(d)
the
availability of alternatives offered to but rejected by any party;
(e)
the cost of
alternative procedures; and
(f)
the
procedures in general use for similar types of transactions or
communications."
Section 17 - Appointment of Controller and other officers
(1)
The Central
Government may, by notification in the Official Gazette, appoint a Controller
of Certifying Authorities for the purposes of this Act and may also by the same
or subsequent notification, appoint such number of Deputy Controllers and [Assistant Controllers, other officers and
employees] as it deems fit.
(2)
The Controller
shall discharge his functions under this Act subject to the general control and
directions of the Central Government.
(3)
The Deputy
Controllers and Assistant Controllers shall perform the functions assigned to
them by the Controller under the general superintendence and control of the
Controller.
(4)
The
qualifications, experience and terms and conditions of service of Controller,
Deputy Controllers [Assistant Controllers, other officers and
employees] shall be such as may be prescribed by the Central Government.
(5)
The Head
Office and Branch Office of the office, of the Controller shall be at such
places as the Central Government may specify, and these may be established at
such places as the Central Government may think fit.
(6)
There shall
be a seal of the Office of the Controller.
Section 18 - Functions of Controller
The Controller may perform all or any of the following functions,
namely:--
(a)
exercising
supervision over the activities of the Certifying Authorities;
(b)
certifying
public keys of the Certifying Authorities;
(c)
laying down
the standards to be maintained by the Certifying Authorities;
(d)
specifying
the qualifications and experience which employees of the Certifying Authority
should possess;
(e)
specifying
the conditions subject to which the Certifying Authorities shall conduct their
business;
(f)
specifying
the contents of written, printed or visual materials and advertisements that
may be distributed or used in respect of a [Electronic Signature] Certificate and the public
key;
(g)
specifying the
form and content of a 1[Electronic Signature] Certificate and
the key;
(h)
specifying
the form and manner in which accounts shall be maintained by the Certifying
Authorities;
(i)
specifying
the terms and conditions subject to which auditors may be appointed and the
remuneration to be paid to them;
(j)
facilitating
the establishment of any electronic system by a Certifying Authority either
solely or jointly with other Certifying Authorities and regulation of such
systems;
(k)
specifying
the manner in which the Certifying Authorities shall conduct their dealings
with the subscribers;
(l)
resolving
any conflict of interests between the Certifying Authorities and the
subscribers;
(m)
laying down
the duties of the Certifying Authorities;
(n)
maintaining
a database containing the disclosure record of every Certifying Authority
containing such particulars as may be specified by regulations, which shall be
accessible to public.
Section 19 - Recognition of foreign Certifying Authorities
(1)
Subject to
such conditions and restrictions as may be specified, by regulations, the
Controller may, with the previous approval of the Central Government, and by
notification in the Official Gazette, recognise any foreign Certifying
Authority as a Certifying Authority for the purposes of this Act.
(2)
Where any
Certifying Authority is recognised under sub-section (1), the [Electronic Signature] Certificate issued by such
Certifying Authority shall be valid for the purposes of this Act.
(3)
The
Controller may, if he is satisfied that any Certifying Authority has
contravened any of the conditions and restrictions subject to which it was
granted recognition under sub-section (1) he may, for reasons to be recorded in
writing, by notification in the Official Gazette, revoke such recognition.
Section 20 - [OMITTED]
[***]
"(1) The Controller shall be the repository of all Digital
Signature Certificates issued under this Act.
(2) The Controller shall--
(a) make use of hardware, software and procedures that are secure from
intrusion and misuse;
(b) observe such other standards as may be prescribed by the Central
Government, to ensure that the secrecy and security of the digital signatures
are assured.
(3) The Controller shall maintain a computerised data base of all public
keys in such a manner that such data base and the public keys are available to
any member of the public."
Section 21 - Licence to issue Digital Signature Certificates
(1)
Subject to
the provisions of sub-section (2), any person may make an application to the
Controller for a licence to issue [Electronic] Signature Certificates.
(2)
No licence
shall be issued under sub-section (1), unless the applicant fulfills such
requirements with respect to qualification, expertise, manpower, financial
resources and other infrastructure facilities, which arc necessary to
issue [Electronic] Signature Certificates as may be
prescribed by the Central Government,
(3)
A licence
granted under this section shall—
(a)
be valid for
such period as may be prescribed by the Central Government;
(b)
not be
transferable or heritable;
(c)
be subject
to such terms and conditions as may be specified by the regulations.
Section 22 - Application for licence
(1)
Every
application for issue of a licence shall be in such form as may be prescribed
by the Central Government.
(2)
Every
application for issue of a licence shall be accompanied by—
(a)
a
certification practice statement;
(b)
a statement
including the procedures with respect to identification of the applicant;
(c)
payment of
such fees, not exceeding twenty-five thousand rupees as may be prescribed by the
Central Government;
(d)
such other
documents, as may be prescribed by the Central Government.
Section 23 - Renewal of licence
An application for renewal of a licence shall be--
(a)
in such
form;
(b)
accompanied
by such fees, not exceeding five thousand rupees as may be prescribed by the
Central Government and shall be made not less than forty-five days before the
date of expiry of the period of validity of the licence.
Section 24 - Procedure for grant or rejection of licence
The Controller may, on receipt of an application under sub-section (1)
of section 21, after considering the documents accompanying the application and
such other factors, as he deems fit, grant the licence or reject the
application:
Provided that no application shall be rejected under this section unless
the applicant has been given a reasonable opportunity of presenting his case.
Section 25 - Suspension of licence
(1)
The
Controller may, if he is satisfied after making such inquiry, as he may think
fit, that a Certifying Authority has--
(a) made a
statement in, or in relation to, the application for the issue or renewal of
the licence, which is incorrect or false in material particulars;
(b) failed
to comply with the terms and conditions subject to which the licence was
granted;
[(c) failed to maintain the procedures and
standards specified in section 30;]
(d) contravened
any provisions of this Act, rule, regulation or order made thereunder; revoke
the licence:
Provided that no licence shall be revoked unless the Certifying
Authority has been given a reasonable opportunity of showing cause against the
proposed revocation.
(2)
The
Controller may, if he has reasonable cause to believe that there is any ground
for revoking a licence under sub-section (1), by order, suspend such licence
pending the completion of any enquiry ordered by him:
Provided that no licence shall be suspended for a period exceeding ten
days unless the Certifying Authority has been given a reasonable opportunity of
showing cause against the proposed suspension.
(3)
No
Certifying Authority whose licence has been suspended shall issue any [Electronic Signature] Certificate during such
suspension.
Section 26 - Notice of suspension or revocation of licence
(1)
Where the
licence of the Certifying Authority is suspended or revoked, the Controller
shall publish notice of such suspension or revocation, as the case may be, in
the data base maintained by him.
(2)
Where one or
more repositories are specified, the Controller shall publish notices of such
suspension or revocation, as the case may be, in all such repositories:
Provided that the data base containing the notice of such suspension or
revocation, as the case may be, shall be made available through a web site
which shall be accessible round the clock:
Provided further that the Controller may, if he considers necessary,
publicise the contents of data base in such electronic or other media, as he
may consider appropriate.
Section 27 - Power to delegate
The Controller may, in writing, authorise the Deputy Controller,
Assistant Controller or any officer to exercise any of the powers of the
Controller under this Chapter.
Section 28 - Power to investigate contraventions
(1)
The
Controller or any officer authorised by him in this behalf shall take up for
investigation any contravention of the provisions of this Act, rules or
regulations made thereunder.
(2)
The
Controller or any officer authorised by him in this behalf shall exercise the
like powers which are conferred on Income-tax authorities under Chapter XIII of
the Income-tax Act, 1961 (43 of 1961), and shall exercise such powers, subject
to such limitations laid down under that Act.
Section 29 - Access to computers and data
(1)
Without
prejudice to the provisions of sub-section (1) of section 69, the Controller or
any person authorised by him shall, if he has reasonable cause to suspect
that [any contravention of the provisions of this
Chapter] has been committed, have access to any computer system, any apparatus,
data or any other material connected with such system, for the purpose of
searching or causing a search to be made for obtaining any information or data
contained in or available to such computer system.
(2)
For the
purposes of sub-section (1), the Controller or any person authorised by him
may, by order, direct any person in charge of, or otherwise concerned with the
operation of, the computer system, data apparatus or material, to provide him
with such reasonable technical and other assistance as he may consider
necessary.
"any contravention of the provisions of this Act, rules or
regulations made thereunder"
Section 30 - Certifying Authority to follow certain procedures
Every Certifying Authority shall,--
(a)
make use of
hardware, software, and procedures that are secure from intrusion and misuse;
(b)
provide a
reasonable level of reliability in its services which are reasonably suited to
the performance of intended functions;
(c)
adhere to
security procedures to ensure that the secrecy and privacy of the [Electronic signatures] are assured; [***]
[(ca) be the repository of all Electronic Signature
Certificates issued under this Act;
(cb) publish information regarding its practices,
Electronic Signature Certificates and current status of such certificates;
and".]
(d)
observe such
other standards as may be specified by regulations.
Section 31 - Certifying Authority to ensure compliance of the Act, etc
Every Certifying Authority shall ensure that every person employed or
otherwise engaged by it complies, in the course of his employment or
engagement, with the provisions of this Act, rules, regulations or orders made
thereunder.
Section 32 - Display of licence
Every Certifying Authority shall display its licence at a conspicuous
place of the premises in which it carries on its business.
Section 33 - Surrender of licence
(1)
Every
Certifying Authority whose licence is suspended or revoked shall immediately
after such suspension or revocation, surrender the licence to the Controller.
(2)
Where any
Certifying Authority fails to surrender a licence under subsection (1), the
person in whose favour a licence is issued, shall be guilty of an offence and
shall be punished with imprisonment which may extend up to six months or a fine
which may extend up to ten thousand rupees or with both.
Section 34 - Disclosure
(1)
Every
Certifying Authority shall disclose in the manner specified by regulations--
(a) its 1[Electronic
Signature] Certificate [***]
(b) any
certification practice statement relevant thereto;
(c) notice
of the revocation or suspension of its Certifying Authority certificate, if
any; and
(d) any other fact that materially and adversely
affects either the reliability of a [Electronic Signature] Certificate, which that
Authority has issued, or the Authority's ability to perform its services.
(2) Where
in the opinion of the Certifying Authority any event has occurred or any
situation has arisen which may materially and adversely affect the integrity of
its computer system or the conditions subject to which a [Electronic Signature] Certificate was granted,
then, the Certifying Authority shall--
(a)
use reasonable
efforts to notify any person who is likely to be affected by that occurrence;
or
(b)
act in
accordance with the procedure specified in its certification practice statement
to deal with such event or situation.
"which contains the public key corresponding to the private key
used by that Certifying Authority to digitally sign another Electronic
Signature Certificate;"
Section 35 - Certifying authority to issue Electronic Signature Certificate
(1)
Any person
may make an application to the Certifying Authority for the issue of a [Electronic Signature] Certificate in such form as
may be prescribed by the Central Government.
(2)
Every such
application shall be accompanied by such fee not exceeding twenty-five thousand
rupees as may be prescribed by the Central Government, to be paid to the
Certifying Authority:
Provided that while prescribing fees under sub-section (2) different
fees may be prescribed for different classes of applicants.
(3)
Every such
application shall be accompanied by a certification practice statement or where
there is no such statement, a statement containing such particulars, as may be
specified by regulations.
(4)
On receipt
of an application under sub-section (1), the Certifying Authority may, after
consideration of the certification practice statement or the other statement
under sub-section (3) and after making such enquiries as it may deem fit, grant
the [Electronic Signature] Certificate or for reasons
to be recorded in writing, reject the application:
[***]
[Provided] that no application shall be rejected
unless the applicant has been given a reasonable opportunity of showing cause
against the proposed rejection.
"Provided that no [Electronic] Signature Certificate shall be granted
unless the Certifying Authority is satisfied that
(a) the applicant holds the private key corresponding to the public key
to be listed in the [Electronic Signature] Certificate;
(b) the applicant holds a private key, which is capable of creating
a [Electronic signature]
(c) the public key to be listed in the certificate can be used to verify
a [Electronic signature] affixed by the private key
held by the applicant:"
Section 36 - Representations upon issuance of Digital Signature Certificate
A Certifying Authority while
issuing a Digital Signature Certificate shall certify that--
(a)
it has
complied with the provisions of this Act and the rules and regulations made
thereunder;
(b)
it has
published the Digital Signature Certificate or otherwise made it available to
such person relying on it and the subscriber has accepted it:
(c)
the
subscriber holds the private key corresponding to the public key, listed in the
Digital Signature Certificate;
[(ca) the subscriber holds a private key which is capable of creating a
digital signature;
(cb) the public key to be listed in the certificate can be used to
verify a digital signature affixed by the private key held by the subscriber;]
(d)
the
subscriber's public key and private key constitute a functioning key pair;
(e)
the
information contained in the Digital Signature Certificate is accurate; and
(f)
it has no
knowledge of any material fact, which if it had been included in the Digital
Signature Certificate would adversely affect the reliability of the
representations in clauses (a) to (d).
Section 37 - Suspension of Digital Signature Certificate
(1)
Subject to
the provisions of sub-section (2), the Certifying Authority which has issued a
Digital Signature Certificate may suspend such Digital Signature Certificate,--
(a) on receipt of a request to
that effect from--
(i) the subscriber listed in the Digital Signature
Certificate; or
(ii) any person duly authorised
to act on behalf of that subscriber;
(b) if it is of opinion that
the Digital Signature Certificate should be suspended in public interest.
(2)
A Digital Signature
Certificate shall not be suspended for a period exceeding fifteen days unless
the subscriber has been given an opportunity of being heard in the matter.
(3)
On
suspension of a Digital Signature Certificate under this section, the
Certifying Authority shall communicate the same to the subscriber.
Section 38 - Revocation of Digital Signature Certificate
(1)
A Certifying
Authority may revoke a Digital Signature Certificate issued by it—
(a)
where the
subscriber or any other person authorised by him makes a request to that
effect; or
(b)
upon the
death of the subscriber; or
(c)
upon the
dissolution of the firm or winding up of the company where the subscriber is a
firm or a company.
(2)
Subject to
the provisions of sub-section (3) and without prejudice to the provisions of
sub-section (1), a Certifying Authority may revoke a Digital Signature
Certificate which has been issued by it at any time, if it is of opinion that—
(a)
a material
fact represented in the Digital Signature Certificate is false or has been
concealed:
(b)
a requirement
for issuance of the Digital Signature Certificate was not satisfied;
(c)
the
Certifying Authority's private key or security system was compromised in a
manner materially affecting the Digital Signature Certificate's reliability;
(d)
the
subscriber has been declared insolvent or dead or where a subscriber is a firm
or a company, which has been dissolved, wound-up or otherwise ceased to exist.
(3)
A Digital
Signature Certificate shall not be revoked unless the subscriber has been given
an opportunity of being heard in the matter.
(4)
On
revocation of a Digital Signature Certificate under this section, the
Certifying Authority shall communicate the same to the subscriber.
Section 39 - Notice of suspension or revocation
(1)
Where a
Digital Signature Certificate is suspended or revoked under section 37 or
section 38, the Certifying Authority shall publish a notice of such suspension
or revocation, as the case may be, in the repository specified in the Digital
Signature Certificate for publication of such notice.
(2)
Where one or
more repositories are specified, the Certifying Authority shall publish notices
of such suspension or revocation, as the case may be, in all such repositories.
Section 40 - Generating key pair
Where any Digital Signature
Certificate the public key of which corresponds to the private key of that
subscriber which is to be listed in the Digital Signature Certificate has been
accepted by a subscriber, [***] the subscriber shall generate [that key] pair by applying the security procedure.
Section 40A - Duties of subscriber of Electronic Signature Certificate
In respect of Electronic Signature Certificate the subscriber shall
perform such duties as may be prescribed.]
Section 41 - Acceptance of Digital Signature Certificate
(1)
A subscriber
shall be deemed to have accepted a Digital Signature Certificate if he
publishes or authorises the publication of a Digital Signature Certificate--
(a) to one or more persons;
(b) in a repository; or
otherwise demonstrates his
approval of the Digital Signature Certificate in any manner.
(2)
By accepting
a Digital Signature Certificate the subscriber certifies to all who reasonably
rely on the information contained in the Digital Signature Certificate that—
(a)
the
subscriber holds the private key corresponding to the public key listed in the
Digital Signature Certificate and is entitled to hold the same;
(b)
all
representations made by the subscriber to the Certifying Authority and all
material relevant to the information contained in the Digital Signature
Certificate are true;
(c)
all
information in the Digital Signature Certificate that is within the knowledge
of the subscriber is true.
Section 42 - Control of private key
(1)
Every
subscriber shall exercise reasonable care to retain control of the private key
corresponding to the public key listed in his Digital Signature Certificate and
take all steps to prevent its disclosure [***].
(2)
If the
private key corresponding to the public key listed in the Digital Signature
Certificate has been compromised, then, the subscriber shall communicate the
same without any delay to the Certifying Authority in such manner as may be
specified by the regulations.
Explanation.--For the removal of
doubts, it is hereby declared that the subscriber shall be liable till he has
informed the Certifying Authority that the private key has been compromised.
Section 43 - Penalty and compensation for damage to computer, computer system, etc
If any person without permission
of the owner or any other person who is in charge, of a computer, computer
system or computer network,—
(a)
accesses or
secures access to such computer, computer system or computer network; [or computer resource]
(b)
downloads,
copies or extracts any data, computer data base or information from such
computer, computer system or computer network including information or data
held or stored in any removable storage medium;
(c)
introduces
or causes to be introduced any computer contaminant or computer virus into any
computer, computer system or computer network;
(d)
damages or
causes to be damaged any computer, computer system or computer network, data,
computer data base or any other programmes residing in such computer, computer
system or computer network;
(e)
disrupts or
causes disruption of any computer, computer system or computer network;
(f)
denies or
causes the denial of access to any person authorised to access any computer,
computer system or computer network by any means;
(g)
provides any
assistance to any person to facilitate access to a computer, computer system or
computer network in contravention of the provisions of this Act, rules or
regulations made thereunder;
(h)
charges the
services availed of by a person to the account of another person by tampering
with or manipulating any computer, computer system, or computer network,
["he shall be liable to pay damages by way of compensation to the
person so affected"]
Explanation.—For the purposes of
this section,—
(i)
"computer
contaminant" means any set of computer instructions that are designed—
(a)
to modify,
destroy, record, transmit data or programme residing within a computer,
computer system or computer network; or
(b)
by any means
to usurp the normal operation of the computer, computer system, or computer
network;
(ii) "computer
database" means a representation of information, knowledge, facts,
concepts or instructions in text, image, audio, video that are being prepared
or have been prepared in a formalised manner or have been produced by a
computer, computer system or computer network and are intended for use in a
computer, computer system or computer network;
(iii) "computer virus"
means any computer instruction, information, data or programme that destroys,
damages, degrades or adversely affects the performance of a computer resource
or attaches itself to another computer resource and operates when a programme,
data or instruction is executed or some other event takes place in that
computer resource;
(iv) "damage" means to
destroy, alter, delete, add, modify or rearrange any computer resource by any
means.
(v) "computer source
code" means the listing of programme, computer commands, design and lay
out and programme analysis of computer resource in any form."
[(i) destroys, deletes or alters
any information residing in a computer resource or diminishes its value or
utility or affects it injuriously by any means,
(j) steal, conceal, destroys or
alters or causes any person to steal, conceal, destroy or alter any computer
source code used for a computer resource with an intention to cause
damage".]
"he shall be liable to pay damages by way of compensation not
exceeding one crore rupees to the person so affected."
Section 43A - Compensation for failure to protect data
[Where a body corporate, possessing, dealing or handling any sensitive
personal data or information in a computer resource which it owns, controls or
operates, is negligent in implementing and maintaining reasonable security
practices and procedures and thereby causes wrongful loss or wrongful gain to
any person, such body corporate shall be liable to pay damages by way of compensation
to the person so affected.
Explanation.--
For the purposes of this section,--
(i)
"body
corporate" means any company and includes a firm, sole proprietorship or
other association of individuals engaged in commercial or professional
activities;
(ii)
"reasonable
security practices and procedures" means security practices and procedures
designed to protect such information from unauthorised access, damage, use,
modification, disclosure or impairment, as may be specified in an agreement
between the parties or as may be specified in any law for the time being in
force and in the absence of such agreement or any law, such reasonable security
practices and procedures, as may be prescribed by the Central Government in
consultation with such professional bodies or associations as it may deem fit;
(iii)
"sensitive
personal data or information" means such personal information as may be
prescribed by the Central Government in consultation with such professional
bodies or associations as it may deem fit.]
Section 44 - Penalty for failure to furnish information, return, etc
If any
person who is required under this Act or any rules or regulations made
thereunder to—
(a)
furnish any
document, return or report to the Controller or the Certifying Authority fails
to furnish the same, he shall be liable to a penalty not exceeding one lakh and
fifty thousand rupees for each such failure;
(b)
file any
return or furnish any information, books or other documents within the time
specified therefore in the regulations fails to file return or furnish the same
within the time specified therefore in the regulations, he shall be liable to a
penalty not exceeding five thousand rupees for every day during which such
failure continues;
(c)
maintain
books of account or records fails to maintain the same, he shall be liable to a
penalty not exceeding ten thousand rupees for every day during which the
failure continues.
Section 45 - Residuary penalty
Whoever
contravenes any rules or regulations made under this Act, for the contravention
of which no penalty has been separately provided, shall be liable to pay a
compensation not exceeding twenty-five thousand rupees to the person affected
by such contravention or a penalty not exceeding twenty-five thousand rupees.
Section 46 - Power to adjudicate
(1)
For the purpose
of adjudging under this Chapter whether any person has committed a
contravention of any of the provisions of this Act or of any rule,
regulation, [direction
or order made thereunder which renders him liable to pay penalty or
compensation] the Central Government shall, subject to the provisions of
sub-section (3), appoint any officer not below the rank of a Director to the
Government of India or an equivalent officer of a Stale Government to be an
adjudicating officer for holding an inquiry in the manner prescribed by the
Central Government.
[(1A) The adjudicating officer appointed under sub-section (1) shall
exercise jurisdiction to adjudicate matters in which the claim for injury or
damage does not exceed rupees five crore.
Provided
that the jurisdiction in respect of the claim for injury or damage exceeding
rupees five crores shall vest with the competent court]
(2)
The
adjudicating officer shall, after giving the person referred to in sub-section
(1) a reasonable opportunity for making representation in the matter and if, on
such inquiry, he is satisfied that the person has committed the contravention,
he may impose such penalty or award such compensation as he thinks fit in
accordance with the provisions of that section.
(3)
No person
shall be appointed as an adjudicating officer unless he possesses such
experience in the field of Information Technology and legal or judicial
experience as may be prescribed by the Central Government.
(4)
Where more
than one adjudicating officers are appointed, the Central Government shall
specify by order the matters and places with respect to which such officers
shall exercise their jurisdiction.
(5)
Every
adjudicating officer shall have the powers of a civil court which are conferred
on the Cyber Appellate Tribunal under sub-section (2) of section 58, and—
(a) all proceedings before it shall be deemed to
be judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a
civil court for the purposes of sections 345 and 346 of the
Code of Criminal Procedure, 1973 (2 of 1974).
(c) shall be deemed to be a civil court for purposes of Order XXI of the
Civil Procedure Code 1908.]
"direction
or order made thereunder"
Section 47 - Factors to be taken into account by the adjudicating officer
While
adjudging the quantum of compensation under this Chapter, the adjudicating
officer shall have due regard to the following factors, namely:—
(a)
the amount
of gain of unfair advantage, wherever quantifiable, made as a result of the
default;
(b)
the amount
of loss caused to any person as a result of the default;
(c)
the
repetitive nature of the default.
Section 48 - Appellate Tribunal
48. [Appellate
Tribunal]
[(1) The Telecom Disputes Settlement and Appellate Tribunal established
under section 14 of the Telecom Regulatory Authority of India Act,
1997 (24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI
of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this
Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and
authority conferred on it by or under this Act.]
(2) The
Central Government [shall
specify, by notification], the matters and places in relation to which the
Cyber Appellate Tribunal may exercise jurisdiction.
"(1)
The Central Government shall, by notification, establish one or more appellate
tribunals to be known as the Cyber [***]
Appellate Tribunal."
"shall
also specify, in the notification referred to in sub-section (1)"
Section 49 - [Omitted]
[***]
A Cyber
Appellate Tribunal shall consist of one person only (hereinafter referred to as
the Presiding Officer of the Cyber Appellate Tribunal) to be appointed, by
notification, by the Central Government.
"[Composition
of Cyber Appellate Tribunal
(1) The Cyber Appellate Tribunal
shall consist of a Chairperson and such number of other Members, as the Central
Government may, by notification in the Official Gazette, appoint.
Provided that the person appointed as the Presiding Officer of the Cyber
Appellate Tribunal under the provisions of this Act immediately before the
commencement of the Information Technology (Amendment) Act,
2008 shall be deemed to have been appointed as the Chairperson of the said
Cyber Appellate Tribunal under the provisions of this Act as amended by
the Information Technology (Amendment) Act, 2008.
(2) The selection of Chairperson
and Members of the Cyber Appellate Tribunal shall be made by the Central
Government in consultation with the Chief Justice of India.
(3) Subject to the provisions of
this Act--
(a) the jurisdiction, powers and
authority of the Cyber Appellate Tribunal may be exercised by the Benches
thereof;
(b) a Bench may be constituted
by the Chairperson of the Cyber Appellate Tribunal with one or two Members of
such Tribunal as the Chairperson may deem fit.
(c) the Benches of the Cyber
Appellate Tribunal shall sit at New Delhi and at such other places as the
Central Government may, in consultation with the Chairperson of the Cyber
Appellate Tribunal, by notification in the Official Gazette, specify;
(d) the
Central Government shall, by notification in the Official Gazette, specify the
areas in relation to which each Bench of the Cyber Appellate Tribunal may
exercise its jurisdiction.
(4) Notwithstanding anything
contained in sub-section (3), the Chairperson of the Cyber Appellate Tribunal
may transfer a Member of such Tribunal from one Bench to another Bench.
(5) If at any stage of the
hearing of any case or matter it appears to the Chairperson or a Member of the
Cyber Appellate Tribunal that the case or matter is of such a nature that it
ought to be heard by a Bench consisting of more Members, the case or matter may
be transferred by the Chairperson to such Bench as the Chairperson may deem
fit.]"
Section 50 - [Omitted]
[***]
"A
person shall not be qualified for appointment as the Presiding Officer of a
Cyber Appellate Tribunal unless he—
(a) is, or
has been, or is qualified to be, a Judge of a High Court; or
(b) is, or
has been, a member of the Indian Legal Service and is holding or has held a
post in Grade I of that Service for at least three years."
"[Qualifications for appointment as Chairperson and Members of Cyber
Appellate Tribunal
(1) A person
shall not be qualified for appointment as a Chairperson of the Cyber Appellate
Tribunal unless he is, or has been, or is qualified to be, a Judge of a High
Court.
(2) The
Members of the Cyber Appellate Tribunal, except the Judicial Member to be
appointed under sub-section (3), shall be appointed by the Central Government
from amongst persons, having special knowledge of, and professional experience
in, information technology, telecommunication, industry, management or consumer
affairs:
Provided
that a person shall not be appointed as a Member, unless he is, or has been, in
the service of the Central Government or a State Government and has held the
post of Additional Secretary to the Government of India or any equivalent post
in the Central Government or State Government for a period of not less than one
year or Joint Secretary to the Government of India or any equivalent post in
the Central Government or State Government for a period of not less than seven
years.
(3) The
Judicial Members of the Cyber Appellate Tribunal shall be appointed by the
Central Government from amongst persons who is or has been a member of the
Indian Legal Service and has held the post of Additional Secretary for a period
of not less than one year or Grade I post of that Service for a period of not
less than five years.]
Section 51 - [Omitted]
[***]
"The
Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of
five years from the date on which he enters upon his office or until he attains
the age of sixty-five years whichever is earlier."
"[Term
of office, conditions of service, etc., of Chairperson and Members
(1) The
Chairperson or Member of the Cyber Appellate Tribunal shall hold office for a
term of five years from the date on which he enters upon his office or until he
attains the age of sixty-five years, whichever is earlier
(2) Before
appointing any person as the Chairperson or Member of the Cyber Appellate
Tribunal, the Central Government shall satisfy itself that the person does not have
any such financial or other interest as Is likely to affect prejudicially his
functions as such Chairperson or Member.
(3) An
officer of the Central Government or State Government on his selection as the
Chairperson or Member of the Cyber Appellate Tribunal, as the case may be,
shall have to retire from service before joining as such Chairperson or
Member.]"
Section 52 - [Omitted]
[***]
"The
salary and allowances payable to, and the other terms and conditions of service
including pension, gratuity and other retirement benefits of, the Presiding
Officer of a Cyber Appellate Tribunal shall he such as may be prescribed:
Provided
that neither the salary and allowances nor the other terms and conditions of
service of the Presiding Officers shall be varied to his disadvantage after
appointment."
[Salary, allowances and other terms and conditions of service of
Chairperson and Members
The salary
and allowances payable to, and the other terms and conditions of service
including pension, gratuity and other retirement benefits of, the Chairperson
or a Member of the Cyber Appellate Tribunal shall be such as may he
prescribed.]
Section 52A - [Omitted]
[***]
"Powers
of superintendence, direction, etc.
[The Chairperson of the Cyber Appellate Tribunal shall have powers of
general superintendence and directions in the conduct of the affairs of that
Tribunal and he shall, in addition to presiding over the meetings of the
Tribunal, exercise and discharge such powers and functions of the Tribunal as
may be prescribed.
Section 52B - [Omitted]
[***]
[Distribution of business among Benches
Where
Benches are constituted, the Chairperson of the Cyber Appellate Tribunal may,
by order, distribute the business of that Tribunal amongst the Benches and also
the matters to be dealt with by each Bench.
Section 52C - [Omitted]
[***]
"52C.
Power of Chairperson to transfer cases
[On the application of any of the parties and after notice to the
parties, and after hearing such of them as he may deem proper to be heard, or
suo motu without such notice, the Chairperson of the Cyber Appellate Tribunal
may transfer any case pending before one Bench, for disposal to any other
Bench.]"
Section 52D - Decision by majority
[If the Members of a Bench consisting of two Members differ in opinion
on any point, they shall state the point or points on which they differ, and
make a reference to the Chairperson of the Cyber Appellate Tribunal who shall
hear the point or points himself and such point or points shall be decided
according to the opinion of the majority of the Members who have heard the
case, including those who first heard it.]
Section 53 - [Omitted]
[***]
"Filling
up of vacancies
If, for
reason other than temporary absence, any vacancy occurs in the office of
the [Chairperson
or Member, as the case may be] of a Cyber Appellate Tribunal, then the Central
Government shall appoint another person in accordance with the provisions of
this Act to fill the vacancy and the proceedings may be continued before the
Cyber Appellate Tribunal from the stage at which the vacancy is filled."
Section 54 - [Omitted]
[***]
"54.
Resignation and removal
(1) The
Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under
his hand addressed to the Central Government, resign his office:
Provided
that the said 1[Chairperson or the Member] shall, unless he is
permitted by the Central Government to relinquish his office sooner, continue
to hold office until the expiry of three months from the date of receipt of
such notice or until a person duly appointed as his successor enters upon his
office or until the expiry of his term of office, whichever is the earliest.
(2)
The [Chairperson
or the Member] of a Cyber Appellate Tribunal shall not be removed from his
office except by an order by the Central Government on the ground of proved
misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court
in which the [Chairperson
or the Member] concerned has been informed of the charges against him and given
a reasonable opportunity of being heard in respect of these charges.
(3) The
Central Government may, by rules, regulate the procedure for the investigation
of misbehavior or incapacity of the aforesaid [Chairperson
or the Member]."
Section 55 - Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
No order of
the Central Government appointing any person as the [Chairperson
or the Member] of a Cyber Appellate Tribunal shall be called in question in any
manner and no act or proceeding before a Cyber Appellate Tribunal shall be
called in question in any manner on the ground merely of any defect in the
constitution of a Cyber Appellate Tribunal.
Section 56 - [Omitted]
[***]
"56.
Staff of the Cyber Appellate Tribunal
(1) The
Central Government shall provide the Cyber Appellate Tribunal with such
officers and employees as that Government may think fit.
(2) The
officers and employees of the Cyber Appellate Tribunal shall discharge their
functions under general superintendence of the [Chairperson].
(3) The
salaries, allowances and other conditions of service of the officers and
employees of the Cyber Appellate Tribunal shall be such as may be prescribed by
the Central Government."
Section 57 - Appeal to Cyber Appellate Tribunal
(1)
Save as provided
in sub-section (2), any person aggrieved by an order made by controller or an
adjudicating officer under this Act may prefer an appeal to a Cyber Appellate
Tribunal having jurisdiction in the matter.
(2)
No appeal
shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating
officer with the consent of the parties.
(3)
Every appeal
under sub-section (1) shall be filed within a period of forty-five days from
the date on which a copy of the order made by the Controller or the adjudicating
officer is received by the person aggrieved and it shall be in such form and be
accompanied by such fee as may be prescribed:
Provided
that the Cyber Appellate Tribunal may entertain an appeal after the expiry of
the said period of forty-five days if it is satisfied that there was sufficient
cause for not filing it within that period.
(4)
On receipt
of an appeal under sub-section (1), the Cyber Appellate Tribunal may, after
giving the parties to the appeal, an opportunity of being heard, pass such
orders thereon as it thinks fit, confirming, modifying or setting aside the
order appealed against.
(5)
The Cyber
Appellate Tribunal shall send a copy of every order made by it to the parties
to the appeal and to the concerned Controller or adjudicating officer.
(6)
The appeal
filed before the Cyber Appellate Tribunal under sub-section (1) shall be dealt
with by it as expeditiously as possible and endeavour shall be made by it to
dispose of the appeal finally within six months from the date of receipt of the
appeal.
Section 58 - Procedure and powers of the Cyber Appellate Tribunal
(1)
The Cyber
Appellate Tribunal shall not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of
natural justice and, subject to the other provisions of this Act and of any
rules, the Cyber Appellate Tribunal shall have powers to regulate its own
procedure including the place at which it shall have its sittings.
(2)
The Cyber
Appellate Tribunal shall have, for the purposes of discharging its functions
under this Act, the same powers as are vested in a civil court under the Code
of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the
following matters, namely:—
(a)
summoning
and enforcing the attendance of any person and examining him on oath;
(b)
requiring
the discovery and production of documents or other electronic records;
(c)
receiving
evidence on affidavits;
(d)
issuing
commissions for the examination of witnesses or documents;
(e)
reviewing
its decisions;
(f)
dismissing
an application for default or deciding it ex parte;
(g)
any other
matter which may be prescribed.
(3)
Every
proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for
the purposes of section 196 of the Indian Penal Code (45 of 1860) and
the Cyber Appellate Tribunal shall be deemed to be a civil court for the
purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
Section 59 - Right to legal representation
The
appellant may either appear in person or authorise one or more legal
practitioners or any of its officers to present his or its case before the
Cyber Appellate Tribunal.
Section 60 - Limitation
The
provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be,
apply to an appeal made to the Cyber Appellate Tribunal.
Section 61 - Civil court not to have jurisdiction
No court
shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an adjudicating officer appointed under this Act or the Cyber
Appellate Tribunal constituted under this Act is empowered by or under this Act
to determine and no injunction shall be granted by any court or other authority
in respect of any action taken or to be taken in pursuance of any power
conferred by or under this Act.
Section 62 - Appeal to High Court
Any person
aggrieved by any decision or order of the Cyber Appellate Tribunal may file an
appeal to the High Court within sixty days from the date of communication of
the decision or order of the Cyber Appellate Tribunal to him on any question of
fact or law arising out of such order:
Provided
that the High Court may, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be
filed within a further period not exceeding sixty days.
Section 63 - Compounding of contraventions
(1)
Any
contravention under this [Act]
may, either before or after the institution of adjudication proceedings, be
compounded by the Controller or such other officer as may be specially
authorised by him in this behalf or by the adjudicating officer, as the case
may be, subject to such conditions as the Controller or such other officer or
the adjudicating officer may specify:
Provided
that such sum shall not, in any case, exceed the maximum amount of the penalty
which may be imposed under this Act for the contravention so compounded.
(2)
Nothing in
sub-section (1) shall apply to a person who commits the same or similar
contravention within a period of three years from the date on which the first
contravention, committed by him, was compounded.
Explanation.-For
the purposes of this sub-section, any second or subsequent contravention
committed after the expiry of a period of three years from the date on which
the contravention was previously compounded shall be deemed to be a first
contravention.
(3)
Where any
contravention has been compounded under sub-section (1), no proceeding or
further proceeding, as the case may be, shall be taken against the person
guilty of such contravention in respect of the contravention so compounded.
Section 64 - Recovery of penalty
A [penalty
imposed or compensation awarded] under this Act, if it is not paid, shall he
recovered as an arrear of land revenue and the licence or the [Electronic
Signature] Certificate, as the case may be, shall be suspended till the penalty
is paid.
Section 65 - Tampering with computer source documents
Whoever
knowingly or intentionally conceals, destroys or alters or intentionally or
knowingly causes another to conceal, destroy, or alter any computer source code
used for a computer, computer programme, computer system or computer network,
when the computer source code is required to be kept or maintained by law for the
time being in force, shall be punishable with imprisonment up to three years,
or with fine which may extend up to two lakh rupees, or with both.
Explanation.—For
the purposes of this section, "computer source code" means the
listing of programmes, computer commands, design and layout and programme
analysis of computer resource in any form.
Section 66 - Computer related offences
[If any person, dishonestly or fraudulently, does any act referred to in
section 43, he shall be punishable with imprisonment for a term which may
extend to three years or with fine which may extend to five lakh
rupees or with both.
Explanation.--
For the purposes of this section,--
(a)
the word
"dishonestly" shall have the meaning assigned to it in section
24 of the Indian Penal Code;(45 of 1860).
(b)
the word
"fraudulently" shall have the meaning assigned to it in section
25 of the Indian Penal Code(45 of 1860).]
"(1)
Whoever with the intent to cause or knowing that he is likely to cause wrongful
loss or damage to the public or any person destroys or deletes or alters any
information residing in a computer resource or diminishes its value or utility
or affects it injuriously by any means, commits hacking.
(2) Whoever
commits hacking shall be punished with imprisonment up to three years, or with
fine which may extend upto two lakh rupees, or with both."
Section 66A - Punishment for sending offensive messages through communication service, etc.
66A. Punishment for sending offensive messages through communication
service, etc.
[Any person who sends, by means of a computer resource or a
communication device,-
(a)
any
information that is grossly offensive or has menacing character; or
(b)
any
information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred or ill will, persistently by making use of such
computer resource or a communication device,
(c)
any
electronic mail or electronic mail message for the purpose of causing annoyance
or inconvenience or to deceive or to mislead the addressee or recipient about
the origin of such messages shall be punishable with imprisonment for a term
which may extend to three years and with fine.
'Explanation.-
For the purpose of this section, terms "electronic mail" and
"electronic mail message" means a message or information created or
transmitted or received on a computer, computer system, computer resource or
communication device including attachments in text, images, audio, video and
any other electronic record, which may be transmitted with the message.
Section 66B - Punishment for dishonestly receiving stolen computer resource or communication device
[Whoever dishonestly received or retains any stolen computer resource or
communication device knowing or having reason to believe the same to be stolen
computer resource or communication device, shall be punished with imprisonment
of either description for a term which may extend to three years or with fine
which may extend to rupees one lakh or with both.
Section 66C - Punishment for identity theft
[Whoever, fraudulently or dishonestly make use of the electronic
signature, password or any other unique identification feature of any other
person, shall be punished with imprisonment of either description for a term
which may extend to three years and shall also be liable to fine with may
extend to rupees one lakh Rupees.]
Section 66D - Punishment for cheating by personation by using computer resource
[Whoever, by means for any communication device or computer resource
cheats by personating, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fine which may extend to one lakh rupee. ]
Section 66E - Punishment for violation of privacy
zof a private
area of any person without his or her consent, under circumstances violating
the privacy of that person, shall be punished with imprisonment which may
extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.-
For the purposes of this section-
(a)
"transmit"
means to electronically send a visual image with the intent that it be viewed
by a person or persons;
(b)
"capture",
with respect to an image, means to videotape, photograph, film or record by any
means;
(c)
"private
area" means the naked or undergarment clad genitals, public area, buttocks
or female breast:
(d)
"publishes"
means reproduction in the printed or electronic form and making it available
for public;
(e)
"under
circumstances violating privacy" means circumstances in which a person can
have a reasonable expectation that-
(i) he or she could disrobe in
privacy, without being concerned that an image of his private area was being
captured; or
(ii) any part of his or her
private area would not be visible to the public, regardless of whether that
person is in a public or private place.
Section 66F - Punishment for cyber terrorism
[(1) Whoever,-
(A) with intent to threaten the
unity, integrity, security or sovereignty of India or to strike terror in the
people or any section of the people by-
(i) denying or cause the denial
of access to any person authorized to access computer resource; or
(ii) attempting to penetrate or
access a computer resource without authorisation or exceeding authorised access;
or
(iii) introducing or causing to
introduce any computer contaminant; and by means of such conduct causes or is
likely to cause death or injuries to persons or damage to or destruction of
property or disrupts or knowing that it is likely to cause damage
or disruption of supplies or services essential to the life of the
community or adversely affect the critical information infrastructure specified
under section 70, or
(B) knowingly or intentionally
penetrates or accesses a computer resource without authorisation or exceeding
authorised access, and by means of such conduct obtains access to
information, data or computer database that is restricted for reasons
for the security of the State or foreign relations, or any restricted information,
data or computer database, with reasons to believe that such information, data
or computer database so obtained may be used to cause or likely to cause injury
to the interests of the sovereignty and integrity of India,
the security of the State, friendly relations with foreign States,
public order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence, or to the advantage of any foreign
nation, group of individuals or otherwise, commits the offence of cyber
terrorism.
(2) Whoever commits or conspires
to commit cyber terrorism shall be punishable with imprisonment which may
extend to imprisonment for life.]
Section 67 - Punishment for publishing or transmitting obscene material in electronic form
[Whoever publishes or transmits or causes to be published or transmitted
in the electronic form, any material which is lascivious or appeals to the
prurient interest or if its effect is such as to tend to deprave and corrupt
persons who are likely, having regard to all relevant circumstances, to read,
see or hear the matter contained or embodied in it, shall be punished on first
conviction with imprisonment of either description for a term which may extend
to three years and with fine which may extend to five lakh rupees and in the
event of second or subsequent conviction with imprisonment of either
description for a term which may extend to five years and also with fine which
may extend to ten lakh rupees.
"Whoever
publishes or transmits or causes to be published in the electronic form, any
material which is lascivious or appeals to the prurient interest or if its
effect is such as to tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the matter contained
or embodied in it, shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or subsequent
conviction with imprisonment of either description for a term which may extend
to ten years and also with fine which may extend to two lakh rupees."
Section 67A - Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
[Whoever publishes or transmits or causes to be published or transmitted
in the electronic form any material which contains sexually explicit act or
conduct shall be punished on first conviction with imprisonment of either
description for a term which may extend to five years and with fine which may
extend to ten lakh rupees and in the event of second or subsequent conviction
with imprisonment of either description for a term which may extend to seven
years and also with fine which may extend to ten lakh rupees.
Section 67B - Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
[Whoever,-
(a)
publishes or
transmits or causes to be published or transmitted material in any electronic
form which depicts children engaged in sexually explicit act or conduct; or
(b)
creates text
or digital images, collects, seeks, browses, downloads, advertises, promotes,
exchanges or distributes material in any electronic form depicting children in
obscene or indecent or sexually explicit manner; or
(c)
cultivates,
entices or induces children to online relationship with one or more children
for and on sexually explicit act or in a manner that may offend a reasonable
adult on the computer resource; or
(d)
facilitates
abusing children online, or
(e)
records in
any electronic form own abuse or that of others pertaining to sexually explicit
act with children, shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine which
may extend to ten lakh rupees and in the event of second or subsequent
conviction with imprisonment of either description for a term which may extend
to seven years and also with fine which may extend to ten lakh rupees: Provided
that provisions of section 67, section 67A and this section does not extend to
any book, pamphlet, paper, writing, drawing, painting representation or figure
in electronic form-
(i) the publication of which
is proved to be justified as being for the public good on the ground that such
book, pamphlet, paper, writing drawing, painting representation or figure is
the interest of science, literature, art or learning or other objects of
general concern; or
(ii) which is kept or used for
bonafide heritage or religious purposes.
Explanation-
For the purposes of this section "children" means a persons who has
not completed the age of 18 years.]
Section 67C - Preservation and retention of information by intermediaries
[(1) Intermediary shall preserve and retain such information as may be
specified for such duration and in such manner and format as the
Central Government may prescribe.
(2) any intermediary who
intentionally or knowingly contravenes the provisions of sub-section (1) shall
be punished with an imprisonment for a term which may extend to three years and
also be liable to fine.]
Section 68 - Power of Controller to give directions
(1) The Controller may, by
order, direct a Certifying Authority or any employee of such Authority to take
such measures or cease carrying on such activities as specified in the order if
those are necessary to ensure compliance with the provisions of this Act, rules
or any regulations made thereunder.
[(2) Any person who intentionally or knowingly fails to comply with any
order under sub-section (1) shall be guilty of an offence and shall be liable
on conviction to imprisonment for a term not exceeding two years or a fine not
exceeding one lakh rupees or both.]
"(2)
Any person who fails to comply with any order under sub-section (1) shall be
guilty of an offence and shall be liable on conviction to imprisonment for a
term not exceeding three years or to a fine not exceeding two lakh rupees or to
both."
Section 69 - Power to issue directions for interception or monitoring or decryption of any information through any computer resource
[(1) Where the Central Government or a State Government or any
of its officer specially authorised by the Central Government or the State
Government, as the case may be, in this behalf may, if satisfied that it is
necessary or expedient so to do in the interest of the sovereignty or integrity
of India, defence of India, security of the State, friendly relations with
foreign States or public order or for preventing incitement to the commission
of any cognizable offence relating to above or for investigation of any
offence, it may subject to the provisions of sub-section (2), for reasons to be
recorded in writing, by order, direct any agency of the appropriate Government
to intercept, monitor or decrypt or cause to be intercepted or monitored or
decrypted any information generated, transmitted, received or stored in any
computer resource.
(2) The procedure and safeguards
subject to which such interception or monitoring or decryption may be carried
out, shall be such as may be prescribed.
(3) The subscriber or
intermediary or any person in-charge of the computer resource shall, when
called upon by any agency referred to in sub-section (1), extend all facilities
and technical assistance to-
(a)
provide
access to or secure access to the computer resource generating transmitting,
receiving or storing such information; or
(b)
intercept,
monitor, or decrypt the information, as the case may be; or
(c)
provide
information stored in computer resource.
(4) The subscriber or intermediary
or any person who fails to assist the agency referred to in sub-section (3)
shall be punished with imprisonment for a term which may extend to seven years
and shall also be liable to fine.]
"(1) If
the Controller is satisfied that it is necessary or expedient so to do in the
interest of the sovereignty or integrity of India, the security of the State,
friendly relations with foreign States or public order or for preventing
incitement to the commission of any cognizable offence, for reasons to be
recorded in writing, by order, direct any agency of the Government to intercept
any information transmitted through any computer resource.
(2) The
subscriber or any person incharge of the computer resource shall, when called
upon by any agency which has been directed under sub-section (1), extend all
facilities and technical assistance to decrypt the information.
(3) The
subscriber or any person who fails to assist the agency referred to in
subsection (2) shall be punished with an imprisonment for a term which may
extend to seven years."
Section 69A - Power to issue directions for blocking for public access of any information through any computer resource
[(1) Where the Central Government or any of its officers specially
authorised by it in this behalf is satisfied that it is necessary or expedient
so to do in the interest of sovereignty and integrity of India, defence of
India, security of the State, friendly relations with foreign States or public
order or for preventing incitement to the commission of any cognizable offence
relating to above, it may subject to the provisions of sub-section (2) for
reasons to be recorded in writing, by order, direct any agency of the
Government or intermediary to block for access by the public or cause to be
blocked for access by the public any information generated, transmitted,
received, stored or hosted in any computer resource.
(2) The procedure and safeguards
subject to which such blocking for access by the public may be carried out,
shall be such as may be prescribed.
(3) The intermediary who fails
to comply with the direction issued under sub-section (1) shall be punished
with an imprisonment for a term which may extend to seven years and also be
liable to fine.
Section 69B - Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
[(1) The Central Government may, to enhance cyber security and for identification,
analysis and prevention of intrusion or spread of computer contaminant in the
country, by notification in the Official Gazette, authorise any agency of the
Government to monitor and collect traffic data or information generated,
transmitted, received or stored in any computer resource.
(2) The intermediary or any
person in-charge or the computer resource shall, when called upon by the agency
which has been authorised under sub-section (1), provide technical assistance
and extend all facilities to such agency to enable online access or to secure
and provide online access to the computer resource generating, transmitting,
receiving or storing such traffic data or information.
(3) The procedure and safeguards
for monitoring and collecting traffic data or information, shall be such as may
be prescribed.
(4) Any intermediary who
intentionally or knowingly contravenes the provisions of sub-section (2) shall
be punished with an imprisonment for a term which any extend to three years and
shall also be liable to fine.
Explanation.-For
the purposes of this section,-
(i) "computer
contaminant" shall have the meaning assigned to it in section 43;
(ii) "traffic data"
means any data identifying or purporting to identify any person, computer
system or computer network or location to or from which the communication is or
may be transmitted and includes communications origin, destination, route,
time, data, size, duration or type of underlying service and any other
information.]
Section 70 - Protected system
[(1) The appropriate Government may, by notification in the Official
Gazette, declare any computer resource which directly or indirectly
affects the facility of Critical Information Infrastructure, to be a protected
system.
Explanation.--
For the purposes of this section, "Critical Information
Infrastructure" means the computer resource, the incapacitation or
destruction of which, shall have debilitating impact on national security,
economy, public health or safety.]
(2) The appropriate Government
may, by order in writing, authorise the persons who are authorised to access
protected systems notified under sub-section (1).
(3) Any person who secures
access or attempts to secure access to a protected system in contravention of
the provisions of this section shall be punished with imprisonment of
either description for a term which may extend to ten years and shall also be
liable to fine.
[(4) The Central Government shall prescribe the information security
practices and procedures for such protected system.]
(1) The appropriate Government may, by
notification in the Official Gazette, declare that any computer, computer
system or computer network to be a protected system.
Section 70A - National nodal agency
[(1) The Central Government may, by notification published in the
Official Gazette, designate any organisation of the Government as the national
nodal agency in respect of Critical Information Infrastructure Protection.
(2) The national nodal agency
designated under sub-section (1) shall be responsible for all measures
including Research and Development relating to protection of Critical
Information Infrastructure.
(3) The manner of performing
functions and duties of the agency referred to in sub-section (1) shall be such
as may be prescribed.
Section 70B - Indian Computer Emergency Response Team to serve as national agency for incident response
[(1) The Central Government shall, by notification in the Official
Gazette, appoint an agency of the Government to be called the Indian Computer
Emergency Response Team.
(2) The Central Government shall
provide the agency referred to in sub-section (1) with a Director General and
such other officers and employees as may be prescribed.
(3) The salary and allowances
and terms and conditions of the Director General and other officers and
employees shall be such as may be prescribed.
(4) The Indian Computer
Emergency Response Team shall serve as the national agency for performing the
following functions in the area of cyber security,-
(a)
collection,
analysis and dissemination of information on cyber incidents;
(b)
forecast and
alerts of cyber security incidents;
(c)
emergency
measures for handling cyber security incidents;
(d)
coordination
of cyber incidents response activities;
(e)
issue
guidelines, advisories, vulnerability notes and transparent papers relating to
information security practices, procedures, preventation, response and
reporting of cyber incidents;
(f)
such other
functions relating to cyber security as may be prescribed.
(5) The manner of performing
functions and duties of the agency referred to in sub-section (1) shall be such
as may be prescribed.
(6) For carrying out the
provisions of sub-section (4), the agency referred to in sub-section (1) may
call for information and give direction to the service providers,
intermediaries, data centers, body corporate and any other person.
(7) Any service provider,
intermediaries, data centers, body corporate or person who fails to provide the
information called for or comply with the direction under subsection (6), shall
be punishable with imprisonment for a term which may extend to one year or with
fine which may extend to one lakh rupees or with both.
(8) No court shall take
cognizance of any offence under this section, except on a complaint made by an
officer authorised in this behalf by the agency referred to in sub-section
(1).]
Section 71 - Penalty for misrepresentation
Whoever
makes any misrepresentation to, or suppresses any material fact from the
Controller or the Certifying Authority for obtaining any licence or [Electronic
Signature] Certificate, as the case may be, shall be punished with imprisonment
for a term which may extend to two years, or with fine which may extend to one
lakh rupees, or with both.
Section 72 - Penalty for Breach of confidentiality and privacy
Save as
otherwise provided in this Act or any other law for the time being in force, if
any person who, in pursuance of any of the powers conferred under this Act,
rules or regulations made thereunder, has secured access to any electronic
record, book, register, correspondence, information, document or other material
without the consent of the person concerned discloses such electronic record,
book, register, correspondence, information, document or other material to any
other person shall be punished with imprisonment for a term which may extend to
two years, or with fine which may extend to one lakh rupees, or with both.
Section 72A - Punishment for disclosure of information in breach of lawful contract
[Save as otherwise provided in this Act or any other law for the time
being in force, any person including an intermediary who, while providing
services under the terms of lawful contract, has secured access to any material
containing personal information about another person, with the intent to cause
or knowing that he is likely to cause wrongful loss or wrongful gain discloses,
without the consent of the person concerned, or in breach of a lawful contract,
such material to any other person, shall be punished with imprisonment for a term
which may extend to three years, or with fine which may extend to five lakh
rupees, or with both.’]
Section 73 - Penalty for publishing Electronic Signature Certificate false in certain particulars
(1) No person shall publish
a [Electronic
Signature] Certificate or otherwise make it available to any other person with
the knowledge that—
(a) the Certifying Authority
listed in the certificate has not issued it; or
(b) the subscriber listed in the
certificate has not accepted it; or
(c) the certificate has been
revoked or suspended unless such publication is for the purpose of verifying
a [Electronic
signature] created prior to such suspension or revocation.
(2) Any person who contravenes
the provisions of sub-section (1) shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to one lakh
rupees, or with both.
Section 74 - Publication for fraudulent purpose
Whoever
knowingly creates, publishes or otherwise makes available a [Electronic
Signature] Certificate for any fraudulent or unlawful purpose shall be punished
with imprisonment for a term which may extend to two years, or with fine which
may extend to one lakh rupees, or with both.
Section 75 - Act to apply for offence or contravention committed outside India
(1)
Subject to
the provisions of sub-section (2), the provisions of this Act shall apply also
to any offence or contravention committed outside India by any person
irrespective of his nationality.
(2)
For the
purposes of sub-section (1), this Act shall apply to an offence or
contravention committed outside India by any person if the act or conduct
constituting the offence or contravention involves a computer, computer system
or computer network located in India.
Section 76 - Confiscation
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 provisions of this Act, 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 any other accessories
related thereto, 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.
Section 77 - Compensation, penalties or confiscation not to interfere with other punishment
[No compensation awarded, penalty imposed or confiscation made
under this Act shall prevent the award of compensation or imposition of any
other penalty or punishment under any other law for the time being in force.
"No
penalty imposed or confiscation made under this Act shall prevent the
imposition of any other punishment to which the person affected thereby is
liable under any other law for the time being in force."
Section 77A - Compounding of offences
(1)
[A court of competent jurisdiction may compound offences, other than
offences for which the punishment for life or imprisonment for a term exceeding
three years has been provided, under this Act:
Provided
that the court shall not compound such offence where the accused is, by reason
of his previous conviction, liable to either enhanced punishment or to a
punishment of a different kind:
Provided
further that the court shall not compound any offence where such offence
affects the socio economic conditions of the country or has been committed
against a child below the age of 18 years or a woman.
(2)
The person
accused of an offence under this Act may file an application for in the court
in which offence is pending for trial and the provisions of sections
265B and 265C of the Code of Criminal Procedure, 1973 shall
apply.]
Section 77B - Offences with three years imprisonment to be bailable
[Notwithstanding anything contained in the Code of Criminal Procedure,
1973(2 of 1974), the offence punishable with imprisonment of three years and
above shall be cognizable and the offence punishable with imprisonment of three
years shall be bailable.]
Section 78 - Power to investigate offences
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a
police officer not below the rank of [Inspector] shall
investigate any offence under this Act.
"Deputy
Superintendent of Police "
Section 79 - Exemption from liability of intermediary in certain cases
[(1) Notwithstanding anything contained in any law for the time being in
force but subject to the provisions of sub-sections (2) and (3), an
intermediary shall not be liable for any third party information, data, or
communication link made available or hosted by him.
(2) The provisions of
sub-section (1) shall apply if-
(a)
the function
of the intermediary is limited to providing access to a communication system
over which information made available by third parties is transmitted or
temporarily stored or hosted; or
(b)
the
intermediary does not-
(i)
initiate the
transmission,
(ii)
select the
receiver of the transmission, and
(iii)
select or
modify the information contained in the transmission;
(c)
the
intermediary observes due diligence while discharging his duties under this Act
and also observes such other guidelines as the Central Government may prescribe
in this behalf.
(3) The provisions of
sub-section (1) shall not apply if-
(a)
the
intermediary has conspired or abetted or aided or induced, whether by threats
or promise or otherwise in the commission of the unlawful act;
(b)
upon
receiving actual knowledge, or on being notified by the appropriate Government
or its agency that any information, data or communication link residing in or
connected to a computer resource controlled by the intermediary is being used
to commit the unlawful act, the intermediary fails to expeditiously remove or
disable access to that material on that resource without vitiating the evidence
in any manner.
Explanation.-For
the purposes of this section, the expression "third party
information" means any information dealt with by an intermediary in his
capacity as an intermediary.
"Section79
: Network service providers not to be liable in certain cases:- For the
removal of doubts, it is hereby declared that no person providing any service
as a network service provider shall be liable under this Act, rules or
regulations made thereunder for any third party information or data made
available by him if he proves that the offence or contravention was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence or contravention.
Explanation.—For
the purposes of this section,—
(a) "network service provider" means an intermediary;
(b) "third party information" means any information dealt with
by a network service provider in his capacity as an intermediary."
Section 79A - Central Government to notify Examiner of Electronic Evidence
[The Central Government may, for the purposes of providing expert
opinion on electronic form evidence before any court or other authority
specify, by notification in the Official Gazette, any Department, body or
agency of the Central Government or a State Government as an Examiner of
Electronic Evidence.
Explanation.-For
the purposes of this section, "electronic form evidence" means any
information of probative value that is either stored or transmitted in
electronic form and includes computer evidence, digital audio, digital video,
cell phones, digital fax machines.]
Section 80 - Power of police officer and other officers to enter, search, etc
(1)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any
police officer, not below the rank of a [Inspector],
or any other officer of the Central Government or a State Government authorised
by the Central Government in this behalf may enter any public place and search
and arrest without warrant any person found therein who is reasonably suspected
of having committed or of committing or of being about to commit any offence
under this Act.
Explanation.-For
the purposes of this sub-section, the expression "public place"
includes any public conveyance, any hotel, any shop or any other place intended
for use by, or accessible to the public.
(2)
Where any
person is arrested under sub-section (1) by an officer other than a police
officer, such officer shall, without unnecessary delay, take or send the person
arrested before a magistrate having jurisdiction in the case or before the
officer-in-charge of a police station.
(3)
The
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, subject
to the provisions of this section, apply, so far as may be, in relation to any
entry, search or arrest, made under this section.
"Deputy
Superintendent of Police"
Section 81 - Act to have overriding effect
The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
[Provided that nothing contained in this Act shall restrict any person
from exercising any right conferred under the Copyright Act, 1957 (14 of 1957)
or the Patents Act, 1970."(39 of 1970)]
Section 81A - Application of the Act to electronic cheque and truncated cheque
[81A. Application of the Act to electronic cheque and truncated cheque
(1)
The
provisions of this Act, for the time being in force, shall apply to, or in
relation to, electronic cheques and the truncated cheques subject to such
modifications and amendments as may be necessary for carrying out the purposes
of the Negotiable Instruments Act, 1881 (26 of 1881) by the Central Government,
in consultation with the Reserve Bank of India, by notification in the Official
Gazette.
(2)
Every
notification made by the Central Government under sub-section (1) shall be
laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
notification or both Houses agree that the notification should not be made, the
notification shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that notification.
Explanation.-For the purposes of this Act, the expressions "electronic
cheque" and "truncated cheque" shall have the same meaning as
assigned to them in section 6 of the Negotiable Instruments Act, 1881
(26 of 1881).]
Section 82 - Controller, Deputy Controller and Assistant Controller to be public servants
[82. Controller, Deputy Controller and Assistant Controller to be public
servants.-
The
Controller, the Deputy Controller and the Assistant Controllers shall be deemed
to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).]
"Presiding
Officer"
"82.
Controller, Deputy Controller and Assistant Controllers to be public servants
The [Chairperson,
Members] and other officers and employees of a Cyber Appellate Tribunal, the
Controller, the Deputy Controller and the Assistant Controllers shall be deemed
to be public servants within the meaning of section 21 of
the Indian Penal Code (45 of 1860)."
Section 83 - Power to give directions
The Central
Government may give directions to any State Government as to the carrying into
execution in the State of any of the provisions of this Act or of any rule,
regulation or order made thereunder.
Section 84 - Protection of action taken in good faith
No suit,
prosecution or other legal proceeding shall lie against the Central Government,
the State Government, the Controller or any person acting on behalf of
him, [and
adjudicating officers] for anything which is in good faith done or intended to
he done in pursuance of this Act or any rule, regulation or order made
thereunder.
"Presiding
Officer'
"the [Chairperson,
Members], adjudicating officers and the staff of the Cyber Appellate
Tribunal"
Section 84A - Modes or methods for encryption
[The Central Government may, for secure use of the electronic medium and
for promotion of e-governance and e-commerce, prescribe the modes or methods
for encryption.
Section 84B - Punishment for abetment of offences
[Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this Act for
the punishment of such abetment, be punished with the punishment provided for
the offence under this Act.
Explanation.-An
act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy,
or with the aid which constitutes the abetment.]
Section 84C - Punishment for attempt to commit offences
[Whoever attempts to commit an offence punishable by this Act or causes
such an offence to be committed, and in such an attempt does any act towards
the commission of the offence, shall, where no express provision is made for
the punishment of such attempt, be punished with imprisonment of any
description provided for the offence, for a term which may extend to one-half
of the longest term of imprisonment provided for that offence, or with such
fine as is provided for the offence, or with both.]
Section 85 - Offences by companies
(1)
Where a
person committing a contravention of any of the provisions of this Act or of
any rule, direction or order made thereunder is a company, every person who, at
the time the contravention was committed, was in charge of, and was responsible
to, the company for the conduct of business of the company as well as the
company, shall be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any such person liable
to punishment if he proves that the contravention took place without his
knowledge or that he exercised all due diligence to prevent such contravention.
(2)
Notwithstanding
anything contained in sub-section (1), where a contravention of any of the
provisions of this Act or of any rule, direction or order made thereunder has
been committed by a company and it is proved that the contravention has taken
place with the consent or connivance of, or is attributable to any neglect on
the part of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be deemed to be
guilty of the contravention and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For
the purposes of this section,—
(i) "company" means
any body corporate and includes a firm or other association of individuals; and
(ii) "director",
in relation to a firm, means a partner in the firm.
Section 86 - Removal of difficulties
(1)
If any
difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for removing the difficulty:
Provided
that no order shall be made under this section after the expiry of a period of
two years from the commencement of this Act.
(2)
Every order
made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
Section 87 - Power of Central Government to make rules
(1)
The Central Government may, by notification in the Official Gazette and
in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
[(a) the conditions for considering reliability of electronic signature
or electronic authentication technique under sub-section (2) of section 3A;
(aa) the procedure for ascertaining electronic signature or
authentication under sub-section (3) of section 3A;
(ab) the manner in which any information or matter may be authenticated
by means of electronic signature under section 5;]
(b) the
electronic form in which filing, issue, grant or payment shall be effected
under sub-section (1) of section 6;
(c) the
manner and format in which electronic records shall be filed, or issued and the
method of payment under sub-section (2) of section 6;
[(ca) the manner in which the authorised service provider may collect,
retain and appropriate service charges under sub-section (2) of section 6A;]
(d) the
matters relating to the type of [Electronic
signature], manner and format in which it may be affixed under section 10;
[(e) the manner of storing and affixing electronic signature creation
data under section 15;
(ea) the
security procedures and practices under section 16;"]
(f) the
qualifications, experience and terms and conditions of service of Controller,
Deputy Controllers and [Assistant
Controllers, other officers and employees] under section 17;
[***]
(h) the
requirements which an applicant must fulfill under sub-section (2) of section
21;
(i) the
period of validity of licence granted under clause (a) of subsection (3) of
section 21;
(j) the
form in which an application for licence may be made under subsection (1) of
section 22;
(k) the
amount of fees payable under clause (c) of sub-section (2) of section 22;
(l) such
other documents which shall accompany an application for licence under clause
(d) of sub-section (2) of section 22;
(m) the form
and the fee for renewal of a licence and the fee payable thereof under section
23;
[(ma) the form of application and fee for issue of Electronic Signature
Certificate under section 35]
(n) the
form in which application for issue of a [Electronic
Signature] Certificate may be made under sub-section (1) of section 35;
(o) the fee
to be paid to the Certifying Authority for issue of a [Electronic
Signature] Certificate under sub-section (2) of section 35;
[(oa) the duties of subscribers under section 40A;
(ob) the reasonable security practices and procedures and sensitive
personal data or information under section 43A;]
(p) the
manner in which the adjudicating officer shall hold inquiry under sub-section
(1) of section 46;
(q) the
qualification and experience which the adjudicating officer shall possess under
sub-section (3) of section 46;
[***]
(u) the
form in which appeal may be filed and the fee thereof under subsection (3) of
section 57;
(v) any
other power of a civil court required to be prescribed under clause (g) of
sub-section (2) of section 58; and
[(w) the powers and functions of the Chairperson of the Cyber Appellate
Tribunal under section 52A;
(x) the
information, duration, manner and form of such information to be retained and
preserved under section 67C;
(y) the
procedures and safeguards for interception, monitoring or decryption under
sub-section (2) of section 69A;
(z) the
procedures and safeguards for blocking for access by the public under sub-section
(3) of section 69 B;
(za) the procedure and safeguards
for monitoring and collecting traffic data or information under sub-section (3)
of section 69B;
(zb) the information security
practices and procedures for protected system under section 70;
(zc) manner of performing
functions and duties of the agency under sub-section (3) of section 70 A;
(zd) the officers and employees
under sub-section (2) of section 70B;
(ze) salaries and allowances and
terms and conditions of service of the Director General and other officers and
employees under sub-section (3) of Section 70B
(zf) the manner in which the
functions and duties of agency shall be performed under sub-section (5) of
section 70B;
(zg) the guidelines to be
observed by the intermediaries under subsection (40 of section 79;
(zh) the modes or methods for
encryption under section 84 A]
(3)
[Every notification made by the Central Government under
sub-section(1) of section 70 A and every rule made by it] shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in [***]
the rule or both Houses agree that [***]
the rule should not be made, [***]
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that notification or rule.
"(a)
the manner in which any information or matter may be authenticated by means of
digital signature under section 5;"
"(e)
the security procedure for the purpose of creating secure electronic record and
secure digital signature under section 16;"
"Assistant
Controllers"
"(g)
other standards to be observed by the Controller under clause (b) of subsection
(2) of section 20;"
"Presiding
Officer"
"(w)
any other matter which is required to be, or may be, prescribed."
"Every
notification made by the Central Government under clause (f) of sub-section (4)
of section 1 and every rule made by it"
"the
notification or"
"(r)
the salary, allowances and the other terms and conditions of service of
the [Chairperson
and Members] under section 52;
(s) the
procedure for investigation of misbehaviour or incapacity of the[Chairperson
and Members] under sub-section (3) of section 54;
(t) the
salary and allowances and other conditions of service of other officers and
employees under sub-section (3) of section 56;"
Section 88 - Constitution of Advisory Committee
(1)
The Central
Government shall, as soon as may be after the commencement of this Act,
constitute a Committee called the Cyber Regulations Advisory Committee.
(2)
The Cyber
Regulations Advisory Committee shall consist of a Chairperson and such number
of other official and non-official members representing the interests
principally affected or having special knowledge of the subject-matter as the
Central Government may deem fit.
(3)
The Cyber
Regulations Advisory Committee shall advise—
(a)
the Central
Government either generally as regards any rules or for any other purpose
connected with this Act;
(b)
the
Controller in framing the regulations under this Act.
(4)
There shall
be paid to the non-official members of such Committee such travelling and other
allowances as the Central Government may fix.
Section 89 - Power of Controller to make regulations
(1)
The
Controller may, after consultation with the Cyber Regulations Advisory
Committee and with the previous approval of the Central Government, by
notification in the Official Gazette, make regulations consistent with this Act
and the rules made thereunder to carry out the purposes of this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:-
(a)
the
particulars relating to maintenance of data-base containing the disclosure
record of every Certifying Authority under clause [(n)]
of section 18;
(b)
the
conditions and restrictions subject to which the Controller may recognise any
foreign Certifying Authority under sub-section (1) of section 19;
(c)
the terms
and conditions subject to which a licence may be granted under clause (c) of
sub-section (3) of section 21;
(d)
other
standards to be observed by a Certifying Authority under clause (d) of section
30;
(e)
the manner
in which the Certifying Authority shall disclose the matters specified in
sub-section (1) of section 34;
(f)
the
particulars of statement which shall accompany an application under sub-section
(3) of section 35.
(g)
the manner
by which the subscriber shall communicate the compromise of private key to the
Certifying Authority under sub-section (2) of section 42.
(3)
Every
regulation made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the regulation or both Houses agree that the
regulation should not be made, the regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that regulation.
Section 90 - Power of State Government to make rules
(1)
The State
Government may, by notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following mailers, namely:—
(a)
the
electronic form in which filing, issue, grant, receipt or payment shall be
effected under sub-section (1) of section 6;
(b)
for matters
specified in sub-section (2) of section 6;
[***]
(3)
Every rule
made by the State Government under this section shall be laid, as soon as may
be after it is made, before each House of the Stale Legislature where it consists
of two Houses, or where such Legislature consists of one House, before that
House.
"(c)
any other matter which is required to be provided by rules by the State
Government."
Section 91 - Amendment of Act 45 of 1860 (omitted)
[***]
"The
Indian Penal Code shall he amended in the manner specified in the First
Schedule to this Act."
Section 92 - Amendment of Act 1 of 1872 (omitted)
[***]
"The
Indian Evidence Act, 1872 shall he amended in the manner specified in the
Second Schedule to this Act."
Section 93 - Amendment of Act 18 of 1891 (omitted)
[***]
"The Bankers'
Books Evidence Act, 1891 shall be amended in the manner specified in the
Third Schedule to this Act."
Section 94 - Amendment of Act 2 of 1934 (omitted)
[***]
"The Reserve
Bank of India Act, 1934 shall be amended in the manner specified in the
Fourth Schedule to this Act."
Schedule I - THE FIRST SCHEDULE
[FIRST SCHEDULE
[See sub-section (4) of section 1]
DOCUMENTS OR TRANSACTIONS TO
WHICH THE ACT SHALL NOT APPLY
|
Sl. No.
|
Description of documents or transactions
|
|
1.
|
A
negotiable instrument (other than a cheque) as defined in section
13 of the Negotiable Instruments Act, 1881 (26 of 1881).
|
|
2.
|
A
power-of-attorney as defined in section 1A of the
Powers-of-Attorney Act, 1882.(7 of 1882).
|
|
3.
|
A trust as
defined in section 3 of the Indian Trusts Act, 1882 (2 of 1882).
|
|
4.
|
A will as
defined in clause (h) of section 2 of the Indian Succession Act,
1925 (39 of 1925) including any other testamentary disposition by whatever
name called.
|
|
5.
|
Any contract
for the sale or conveyance of immovable property or any interest in such
property.]
|
"THE FIRST SCHEDULE
[See section 91]
AMENDMENTS TO THE INDIAN PENAL CODE
[Act, No. 45 of 1860]
1. After
section 29. the following section shall be inserted, namely:—
"29A.
Electronic record.—The words "electronic record" shall have the
meaning assigned to them in clause (t) of sub-section (1) of section 2 of
the Information Technology Act, 2000.".
2. In
section 167, for the words "such public servant, charged with the
preparation or translation of any document, frames or translates that
document", the words "such public servant, charged with the
preparation or translation of any document or electronic record, frames,
prepares or translates that document or electronic record" shall he
substituted.
3. In
section 172, for the words "produce a document in a Court of
Justice", the words "produce a document or an electronic record in a
Court of Justice" shall be substituted.
4. In
section 173, for the words "to produce a document in a Court of
Justice", the words "to produce a document or electronic record in a
Court of Justice" shall be substituted.
5. In
section 175, for the word "document" at both the places where it
occurs, the words "document or electronic record" shall be
substituted.
6. In
section 192, for the words "makes any false entry in any book or record,
or makes any document containing a false statement", the words "makes
any false entry in any book or record, or electronic record or makes any
document or electronic record containing a false statement" shall be
substituted.
7. In
section 204, for the word "document" at both the places where it
occurs, the words "document or electronic record" shall be
substituted.
8. In
section 463, for the words "Whoever makes any false documents or part of a
document with intent to cause damage or injury", the words "Whoever
makes any false documents or false electronic record or part of a document or
electronic record, with intent to cause damage or injury" shall be substituted.
9. In
section 464,—
(a) for the
portion beginning with the words "A person is said to make a false
document" and ending with the words "by reason of deception practiced
upon him, he does not know the contents of the document or the nature of the alteration",
the following shall be substituted, namely:—
"A
person is said to make a false document or false electronic record—
First—Who dishonestly or fraudulently—
(a) makes,
signs, seals or executes a document or part of a document;
(b) makes or
transmits any electronic record or part of any electronic record;
(c) affixes
any digital signature on any electronic record;
(d) makes
any mark denoting the execution of a document or the authenticity of the
digital signature,
with the intention of causing it to be believed that such document or
part of document, electronic record or digital signature was made, signed,
sealed, executed, transmitted or affixed by or by the authority of a person by
whom or by whose authority he knows that it was not made, signed, sealed,
executed or affixed; or
Secondly—Who, without lawful authority, dishonestly or fraudulently, by
cancellation or otherwise, alters a document or an electronic record in any
material part thereof, after it has been made, executed or affixed with digital
signature either by himself or by any other person, whether such person be
living or dead at the time of such alteration; or
Thirdly —Who dishonestly or fraudulently causes any person to sign,
seal, execute or alter a document or an electronic record or to affix his
digital signature on any electronic record knowing that such person by reason
of unsoundness of mind or intoxication cannot, or that by reason of deception
practiced upon him, he does not know the contents of the document or electronic
record or the nature of the alteration.";
(b) after
Explanation 2, the following Explanation shall be inserted at the end, namely:—
'Explanation
3.—For the purposes of this section, the expression "affixing digital
signature" shall have the meaning assigned to it in clause (d) of
sub-section (1) of section 2 of the Information Technology Act, 2000.'
10. In
section 466,—
(a) for the
words "Whoever forges a document", the words "Whoever forges a
document or an electronic record" shall be substituted;
(b) the following
Explanation shall be inserted at the end, namely:—
'Explanation.—For
the purposes of this section, "register" includes any list, data or
record of any entries maintained in the electronic form as defined in clause
(r) of sub-section (1) of section 2 of the Information Technology Act,
2000.'.
11. In
section 468, for the words "document forged", the words
"document or electronic record forged" shall be substituted.
12. In
section 469, for the words "intending that the document forged", the
words "intending that the document or electronic record forged" shall
be substituted.
13. In
section 470, for the word "document" in both the places where it
occurs, the words "document or electronic record" shall be
substituted.
14. In
section 471, for the word "document" wherever it occurs, the words
"document or electronic record" shall be substituted.
15. In
section 474, for the portion beginning with the words "Whoever has in his
possession any document" and ending with the words" if the document
is one of the description mentioned in section 466 of this Code", the
following shall be substituted, namely:—
"Whoever
has in his possession any document or electronic record, knowing the same to be
forged and intending that the same shall fraudulently or dishonestly be used as
a genuine, shall, if the document or electronic record is one of the
description mentioned in section 466 of this Code.".
16. In
section 476, for the words "any document", the words "any
document or electronic record" shall be substituted.
17. In
section 477A, for the words "book, paper, writing" at both the places
where they occur, the words "book, electronic record, paper, writing"
shall be substituted."
Schedule II - THE SECOND SCHEDULE
THE
SECOND SCHEDULE
[SEE
SUB-SECTION (1) OF SECTION 3-A]
ELECTRONIC
SIGNATURE OR ELECTRONIC AUTHENTICATION TECHNIQUE AND PROCEDURE
|
S.No.
|
Description
|
Procedure
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
e-authentication
Technique using Aadhaar 1[or other] e-KYC services
|
Authentication of an electronic record by
e-authentication Technique which shall be done by-
(a) the
applicable use of e-authentication, hash, and asymmetric crypto system
techniques, leading to issuance of Digital Signature Certificate by
Certifying Authority
(b) a
trusted third party service by subscriber's key pair-generation, storing of
key pairs [* * *]and creation of digital signature provided that the
trusted third party shall be offered by the certifying authority. The trusted
third party shall send application form and certificate signing request to
the Certifying Authority for issuing a Digital Signature Certificate to the
subscriber.
(c)
Issuance of Digital Signature Certificate by Certifying Authority shall be
based on e-authentication, particulars specified in Form C of Schedule IV of
the Information Technology (Certifying Authorities) Rules, 2000, digitally
signed verified information from Aadhaar 1[or other] e-KYC
services and electronic consent of Digital Signature Certificate applicant.
(d) The
manner and requirements for e-authentication shall be as issued by the
Controller from time to time.
(e) The
security procedure for creating the subscriber’s key pair 1[and
other e-KYC services] shall be in accordance with the e-authentication
guidelines issued by the Controller.
(f) The
standards referred to in rule 6 of the Information Technology (Certifying
Authorities) Rules, 2000 shall be complied with, in so far as they relate to
the certification function of public key of Digital Signature Certificate
applicant.
(g) The
manner in which the information is authenticated by means of digital
signature shall comply with the manner and standards specified in rules 3 to
12 of the Digital Signature (End entity) Rules, 2015 in so far as they relate
to the creation, storage, and verification of Digital Signature.
|
|
[2.
|
e-authentication
technique and procedure for creating and accessing subscriber's signature key
facilitated by trusted third party
|
Authentication
of an electronic record by e-authentication technique which shall be done by-
(a) the
applicable use of e-authentication, hash and asymmetric crypto system
techniques leading to issuance of Digital Signature Certificate by Certifying
Authority, provided that Certifying Authority shall ensure the subscriber
identity verification, secure storage of the keys by trusted third party and
subscriber’s sole authentication control to the signature key.
(b)
Identity verification of Digital Signature Certificate applicant shall be in
accordance with the Identity Verification Guidelines issued by Controller
from time-to-time.
(c) The
requirement to operate as trusted third party shall be specified under
e-authentication guidelines issued by the Controller.
(d) a
trusted third party shall
i)
facilitate Identity verification of Digital Signature Certificate applicant;
ii)
establish secure storage for subscriber to have sole control for creation and
subsequent usage of subscriber's signature key by sole authentication of
subscriber;
iii)
facilitate key pair-generation, secure storage of subscriber's signature key
and facilitate signature creation functions;
iv)
facilitate the submission of DSC application form and certificate signing
request to the Certifying Authority for issuing a Digital Signature
Certificate to the DSC applicant, and
v)
facilitate revocation of Digital Signature Certificate and destruction of
subscriber's signature key.
(e)
Issuance of Digital Signature Certificate shall be based on verification of
credentials of Digital Signature Certificate applicant by Certifying
Authority as per the provisions of the Information Technology Act and Rules
made thereunder.
(f) The
manner and requirements for authentication and storage of keys shall be as
issued by the Controller from time to time under e-authentication guidelines
(g) The
security procedure for creating the subscriber’s key pair shall be in
accordance with the e-authentication guidelines issued by the Controller.
(h) The
standards referred to in rule 6 of the Information Technology
(Certifying Authorities) Rules, 2000 shall be complied with, in so far as they
relate to the certification function of public key of Digital Signature
Certificate applicant.
(i) The
manner in which information is authenticated by means of digital signature
shall comply with the manner and standards specified in rule 3 to
12 of Digital Signature (End entity) Rules, 2015 in so far as they
relate to the creation, storage and verification of Digital Signature.]
|
Schedule III - THE THIRD SCHEDULE (omitted)
1[***]
"THE THIRD SCHEDULE
[See section 93]
AMENDMENTS TO THE BANKERS' BOOKS EVIDENCE
ACT, 1891
[Act, No. 18 of 1891]
1. In
section 2,—
(a)
for clause
(3), the following clause shall be substituted, namely:—
'(3) "bankers' books"
include ledgers, day-books, cash-books, account-books and all other books used
in the ordinary business of a bank whether kept in the written form or as
printouts of data stored in a floppy, disc, tape or any other form of electro-magnetic
data storage device;'
(b)
for clause
(8), the following clause shall be substituted, namely:—
(8) "certified copy"
means when the books of a bank,—
(a)
are
maintained in written form, a copy of any entry in such books together with a
certificate written at the foot of such copy that it is a true copy of such
entry, that such entry is contained in one of the ordinary books of the bank
and was made in the usual and ordinary course of business and that such book is
still in the custody of the bank, and where the copy was obtained by a
mechanical or other process which in itself ensured the accuracy of the copy, a
further certificate to that effect, but where the book from which such copy was
prepared has been destroyed in the usual course of the bank's business after
the date on which the copy had been so prepared, a further certificate to that
effect, each such certificate being dated and subscribed by the principal
accountant or manager of the bank with his name and official title; and
(b)
consist of
printouts of data stored in a floppy, disc, tape or any other electro-magnetic
data storage device, a printout of such entry or a copy of such printout
together with such statements certified in accordance with the provisions of
section 2A.'.
2. After section 2, the following
section shall be inserted, namely:—
"2A. Conditions in the printout.—A printout of entry or a copy of
printout referred to in sub-section (8) of section 2 shall be accompanied by
the following, namely:—
(a)
a
certificate to the effect that it is a printout of such entry or a copy of such
printout by the principal accountant or branch manager; and
(b)
a
certificate by a person in-charge of computer system containing a brief
description of the computer system and the particulars of—
(A)
the
safeguards adopted by the system to ensure that data is entered or any other
operation performed only by authorised persons;
(B)
the
safeguards adopted to prevent and detect unauthorised change of data;
(C)
the
safeguards available to retrieve data that is lost due to systemic failure or
any other reasons;
(D)
the manner
in which data is transferred from the system to removable media like floppies,
discs, tapes or other electro-magnetic data storage devices;
(E)
the mode of
verification in order to ensure that data has been accurately transferred to
such removable media;
(F)
the mode of
identification of such data storage devices;
(G)
the
arrangements for the storage and custody of such storage devices;
(H)
the
safeguards to prevent and detect any tampering with the system; and
(I)
any other factor
which will vouch for the integrity and accuracy of the system.
(c) a further certificate from the person
in-charge of the computer system to the effect that to the best of his
knowledge and belief, such computer system operated properly at the material
time, he was provided with all the relevant data and the printout in question
represents correctly, or is appropriately derived from, the relevant
data.".
Schedule IV - THE FOURTH SCHEDULE (omitted)
[***]
THE FOURTH SCHEDULE
[See section 94]
AMENDMENT TO THE RESERVE BANK OF
INDIA ACT, 1934
[Act No. 02 of 1934]
In
the Reserve Bank of India Act, 1934, in section 58, in sub-section
(2), after clause (p), the following clause shall be inserted, namely:—
(pp) the
regulation of fund transfer through electronic means between the banks or
between the banks and other financial institutions referred to in clause (c) of
section 45-I, including the laying down of the conditions subject to which
banks and other financial institutions shall participate in such fund
transfers, the manner of such fund transfers and the rights and obligations of
the participants in such fund transfers;.
Amending Act 1 - INFORMATION TECHNOLOGY (AMENDMENT)
ACT, 2008
THE INFORMATION TECHNOLOGY
(AMENDMENT) ACT, 2008
[Act No. 10 of 2009]
[5th February 2009]
PREAMBLE
An Act further to amend the Information Technology Act, 2000.
Be it
enacted by Parliament in the Fifty-ninth Year of the Republic of India as
follows:--
PART I
Preliminary
1. Short title and commencement
(1)
This Act may
be called the Information Technology (Amendment) Act, 2008.
(2)
It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint:
Provided
that different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
PART II
Amendments to the Information
Technology Act, 2000
2. Substitution of words "digital signature" by words
"electronic signature".
In the
Information Technology Act, 2000 (hereinafter in this Part referred to as the
21 of 2000. principal Act), for the words "digital signature"
occurring in the Chapter, section, subsection and clause referred to in the
Table below, the words "electronic signature" shall be substituted.
|
Table
|
|
|
S. No.
|
Chapter/section/sub-section/clause
|
|
|
(1)
|
clauses
(d), (g), (h) and (zg) of section 2;
|
|
(2)
|
section 5
and its marginal heading;
|
|
(3)/
|
marginal
heading of section 6;
|
|
(4)
|
clauses
(a), (b), (c) and (e) of section 10 and its marginal heading;
|
|
(5)
|
heading of
Chapter V;
|
|
(6)
|
clauses
(1) and (g) of section 18;
|
|
(7)
|
sub-section
(2) of section 19;
|
|
(8)
|
sub-sections
(1) and (2) of section 21 and its marginal heading;
|
|
(9)
|
sub-section
(3) of section 25;
|
|
(10)
|
clause (c)
of section 30;
|
|
(11)
|
clauses
(a) and (d) of sub-section (1) and sub-section (2) of section 34;
|
|
(12)
|
heading of
Chapter VII;
|
|
(13)
|
section 35
and its marginal heading;
|
|
(14)
|
section
64;
|
|
(15)
|
section
71;
|
|
(16)
|
sub-section
(1) of section 73 and its marginal heading;
|
|
(17)
|
section
74; and
|
|
(18)
|
clauses
(d), (n) and (o) of sub-section (2) of section 87.
|
|
3. Amendment of section 1
In section
1 of the principal Act, for sub-section (4), the following sub-sections
shall be substituted, namely:--
"(4) Nothing in this Act
shall apply to documents or transactions specified in the First Schedule:
Provided
that the Central Government may, by notification in the Official Gazette, amend
the First Schedule by way of addition or deletion of entries thereto.
(5) Every notification issued
under sub-section (4) shall be laid before each House of Parliament.".
4. Amendment of section 2
In section
2 of the principal Act,--
(A)
after clause
(h), the following clause shall be inserted, namely:--
'(ha)
"communication device" means cell phones, personal digital assistance
or combination of both or any other device used to communicate, send or
transmit any text, video, audio or image;';
(B)
for clause
(j), the following clause shall be substituted, namely:--
'(j) "computer
network" means the inter-connection of one or more computers or computer
systems or communication device through--
(i)
the use of
satellite, microwave, terrestrial line, wire, wireless or other communication
media; and
(ii)
terminals or
a complex consisting of two or more inter-connected computers or communication
device whether or not the inter-connection is continuously maintained;';
(C)
in clause
(n), the word "Regulations" shall be omitted;
(D)
after clause
(n), the following clauses shall be inserted, namely:--
'(na) "cyber cafe" means any facility from where access to the
internet is offered by any person in the ordinary course of business to the
members of the public;
(nb) "cyber security" means protecting information, equipment,
devices, computer, computer resource, communication device and information
stored therein from unauthorised access, use, disclosure, disruption,
modification or destruction;'.
(E)
after clause
(t), the following clauses shall be inserted, namely:--
'(ta) "electronic signature" means authentication of any
electronic record by a subscriber by means of the electronic technique
specified in the Second Schedule and includes digital signature;
(tb) "Electronic Signature Certificate"
means an Electronic Signature Certificate issued under section 35 and includes
Digital Signature Certificate;';
(F)
after clause
(w), the following clause shall be inserted, namely:--
'(ua)
"Indian Computer Emergency Response Team" means an agency established
under sub-section (1) of section 70B;';
(G) in clause (v), for the words
"data, text", the words "data, message, text" shall be
substituted;
(H) for clause (w), the following clause shall be
substituted, namely:--
'(w)
"intermediary", with respect to any particular electronic records,
means any person who on behalf of another person receives, stores or transmits
that record or provides any service with respect to that record and includes
telecom service providers, network service providers, internet service
providers, web-hosting service providers, search engines, online payment sites,
online-auction sites, online-market places and cyber cafes;'.
5. Amendment of heading of Chapter II. Insertion of new section 3A
In Chapter
II of the principal Act, for the heading, the heading "Digital signature
and electronic signature" shall be substituted.
6. Electronic signature
After section
3 of the principal Act, the following section shall be inserted, namely:--
"3A. (1) Notwithstanding anything contained in section 3, but
subject to the provisions of sub-section (2), a subscriber may authenticate any
electronic record by such electronic signature or electronic authentication
technique which--
(a) is considered reliable; and
(b) may be specified in the
Second Schedule.
(2) For the purposes of this
section any electronic signature or electronic authentication technique shall
be considered reliable if--
(a)
the
signature creation data or the authentication data are, within the context in
which they are used, linked to the signatory or, as the case may be, the
authenticator and to no other person;
(b)
the
signature creation data or the authentication data were, at the time of
signing, under the control of the signatory or, as the case may be, the
authenticator and of no other person;
(c)
any
alteration to the electronic signature made after affixing such signature is detectable;
(d)
any
alteration to the information made after its authentication by electronic
signature is detectable; and
(e)
it fulfils
such other conditions which may be prescribed.
(3) The Central Government may
prescribe the procedure for the purpose of ascertaining whether electronic
signature is that of the person by whom it is purported to have been affixed or
authenticated.
(4) The Central Government may,
by notification in the Official Gazette, add to or omit any electronic
signature or electronic authentication technique and the procedure for affixing
such signature from the Second Schedule:
Provided
that no electronic signature or authentication technique shall be specified in
the Second Schedule unless such signature or technique is reliable.
(5) Every notification issued under sub-section
(4) shall be laid before each House of Parliament.".
7. Insertion of new section 6A
After section
6 of the principal Act, the following section shall be inserted, namely:--
'6A. Delivery of services by
service provider.-- (1) The appropriate Government may, for the purposes of
this Chapter and for efficient delivery of services to the public through
electronic means authorise, by order, any service provider to set up, maintain
and upgrade the computerised facilities and perform such other services as it
may specify by notification in the Official Gazette.
Explanation.--For
the purposes of this section, service provider so authorised includes any
individual, private agency, private company, partnership firm, sole proprietor
firm or any such other body or agency which has been granted permission by the
appropriate Government to offer services through electronic means in accordance
with the policy governing such service sector.
(2) The appropriate Government
may also authorise any service provider authorised under sub-section (1) to
collect, retain and appropriate such service charges, as may be prescribed by
the appropriate Government for the purpose of providing such services, from the
person availing such service.
(3) Subject to the provisions of
sub-section (2), the appropriate Government may authorise the service providers
to collect, retain and appropriate service charges under this section
notwithstanding the fact that there is no express provision under the Act,
rule, regulation or notification under which the service is provided to
collect, retain and appropriate e-service charges by the service providers.
(4) The appropriate Government
shall, by notification in the Official Gazette, specify the scale of service
charges which may be charged and collected by the service providers under this
section:
Provided
that the appropriate Government may specify different scale of service charges
for different types of services.'.
8. Insertion of new section 7A
After section
7 of the principal Act, the following section shall be inserted, namely:--
"7A.
Audit of documents, etc., maintained in electronic form.-- Where in any law for
the time being in force, there is a provision for audit of documents, records
or information, that provision shall also be applicable for audit of documents,
records or information processed and maintained in the electronic form.".
9. Insertion of new section 10A
After section
10 of the principal Act, the following section shall be inserted,
namely:--
"10A.
Validity of contracts formed through electronic means - Where in a contract
formation, the communication of proposals, the acceptance of proposals, the
revocation of proposals and acceptances, as the case may be, are expressed in electronic
form or by means of an electronic record, such contract shall not be deemed to
be unenforceable solely on the ground that such electronic form or means was
used for that purpose.".
10. Amendment of section 12
In section
12 of the principal Act, in sub-section (1), for the words "agreed
with the addressee", the word "stipulated" shall be substituted.
11. Substitution of new sections for sections 15 and 16
For sections
15 and 16 of the principal Act, the following sections shall be
substituted, namely:--
15. Secure electronic signature.- An electronic
signature shall be deemed to be a secure electronic signature if--
(i)
the
signature creation data, at the time of affixing signature, was under the
exclusive control of signatory and no other person; and
(ii)
the
signature creation data was stored and affixed in such exclusive manner as may
be prescribed.
Explanation.--In
case of digital signature, the "signature creation data" means the
private key of the subscriber.
16. Security procedures and practices.-
The Central Government may, for the purposes of sections 14 and 15, prescribe
the security procedures and practices:
Provided
that in prescribing such security procedures and practices, the Central
Government shall have regard to the commercial circumstances, nature of
transactions and such other related factors as it may consider appropriate.'.
12. Amendment of section 17
In section
17 of the principal Act,--
(a)
in
sub-section (1), for the words "and Assistant Controllers", the words
", Assistant Controllers, other officers and employees" shall be
substituted; and
(b)
in
sub-section (4), for the words "and Assistant Controllers", the words
", Assistant Controllers, other officers and employees" shall be
substituted.".
13. Omission of section 20
Section
20 of the principal Act shall be omitted.
14. Amendment of section 29
In section
29 of the principal Act, in sub-section (1), for the words "any
contravention of the provisions of this Act, rules or regulations made
thereunder", the words "any contravention of the provisions of this
Chapter" shall be substituted.
15. Amendment of section 30
In section
30 of the principal Act,--
(i)
in clause
(c), after the word "assured", the word "and" shall be
omitted;
(ii)
after clause
(c), the following clauses shall be inserted, namely:--
"(ca) be the repository of all Electronic Signature Certificates
issued under this Act;
(cb) publish information regarding its practices, Electronic Signature
Certificates and current status of such certificates; and".
16. Amendment of section 34
In section
34 of the principal Act, in sub-section (1), in clause (a), the words
"which contains the public key corresponding to the private key used by
that Certifying Authority to digitally sign another Digital Signature Certificate"
shall be omitted.
17. Amendment of section 35
In section
35 of the principal Act, in sub-section (4), --
(a)
the first
proviso shall be omitted;
(b)
in the
second proviso, for the words "Provided further", the word
"Provided" shall be substituted.
18. Amendment of section 36
In section
36 of the principal Act, after clause (c), the following clauses shall be
inserted, namely:--
"(ca) the subscriber holds a private key which is capable of
creating a digital signature;
(cb) the public key to be listed
in the certificate can be used to verify a digital signature affixed by the
private key held by the subscriber;".
19. Insertion of new section 40A
After section
40 of the principal Act, the following section shall be inserted,
namely:--
"40A.
Duties of subscriber of Electronic Signature Certificate.- In respect of
Electronic Signature Certificate the subscriber shall perform such duties as
may be prescribed.".
20. Amendment of heading of Chapter IX
In Chapter
IX of the principal Act, in the heading, for the words "Penalties and
adjudication ", the words "Penalties, compensation and
adjudication" shall be substituted.
21. Amendment of section 43
In section
43 of the principal Act,--
(a)
in the
marginal heading, for the word "Penalty", the words "Penalty and
Compensation" shall be substituted;
(b)
in clause
(a), after the words "computer network", the words "or computer
resource" shall be inserted;
(c)
after clause
(h), the following clauses shall be inserted, namely:--
"(i) destroys, deletes or
alters any information residing in a computer resource or diminishes its value
or utility or affects it injuriously by any means;
(j) steal, conceals, destroys
or alters or causes any person to steal, conceal, destroy or alter any computer
source code used for a computer resource with an intention to cause
damage;";
(d)
for the
portion begining with the words "he shall be liable to pay damages"
and ending with the words "persons so affected" the following shall
be substituted, namely:--
"he
shall be liable to pay damages by way of compensation to the person so
affected";
(e) in the Explanation, after
clause (iv), the following clause shall be inserted, namely:--
'(v)
"computer source code" means the listing of programmes, computer
commands, design and layout and programme analysis of computer resource in any
form.".
22. Insertion of new section 43A
After section
43 of the principal Act, the following section shall be inserted,
namely:--
'43A. Compensation for failure to protect data.- Where a body corporate,
possessing, dealing or handling any sensitive personal data or information in a
computer resource which it owns, controls or operates, is negligent in
implementing and maintaining reasonable security practices and procedures and
thereby causes wrongful loss or wrongful gain to any person, such body
corporate shall be liable to pay damages by way of compensation to the person
so affected.
Explanation.--For
the purposes of this section,--
(i)
"body
corporate" means any company and includes a firm, sole proprietorship or
other association of individuals engaged in commercial or professional
activities;
(ii)
"reasonable
security practices and procedures" means security practices and procedures
designed to protect such information from unauthorised access, damage, use,
modification, disclosure or impairment, as may be specified in an agreement
between the parties or as may be specified in any law for the time being in
force and in the absence of such agreement or any law, such reasonable security
practices and procedures, as may be prescribed by the Central Government in
consultation with such professional bodies or associations as it may deem fit;
(iii)
"sensitive
personal data or information" means such personal information as may be
prescribed by the Central Government in consultation with such professional
bodies or associations as it may deem fit.'.
23. Amendment of section 46
In section
46 of the principal Act,--
(a)
in
sub-section (1), for the words "direction or order made thereunder",
the words "direction or order made thereunder which renders him liable to
pay penalty or compensation," shall be substituted;
(b)
after
sub-section (1), the following sub-section shall be inserted, namely:--
"(1A) The adjudicating officer appointed under sub-section (1)
shall exercise jurisdiction to adjudicate matters in which the claim for injury
or damage does not exceed rupees five crore:
Provided
that the jurisdiction in respect of the claim for injury or damage exceeding
rupees five crore shall vest with the competent court.";
(c)
in
sub-section (5), after clause (b), the following clause shall be inserted,
namely:--
"(c)
shall be deemed to be a civil court for purposes of Order XXI of the Civil
Procedure Code, 1908(5 of 1908).".
24. Amendment of heading of Chapter X
In Chapter X
of the principal Act, in the heading, the word "Regulations" shall be
omitted.
25. Amendment of section 48
In section
48 of the principal Act, in sub-section (1), the word
"Regulations" shall be omitted.
26. Substitution of new sections for sections 49 to 52
For sections
49 to 52 of the principal Act, the following sections shall be substituted,
namely:--
"49. Composition of Cyber Appellate Tribunal.-- (1) The Cyber
Appellate Tribunal shall consist of a Chairperson and such number of other
Members, as the Central Government may, by notification in the Official
Gazette, appoint:
Provided
that the person appointed as the Presiding Officer of the Cyber Appellate
Tribunal under the provisions of this Act immediately before the commencement
of the Information Technology (Amendment) Act, 2008 shall be deemed to have
been appointed as the Chairperson of the said Cyber Appellate Tribunal under
the provisions of this Act as amended by the Information Technology (Amendment)
Act, 2008.
(2) The selection of Chairperson
and Members of the Cyber Appellate Tribunal shall be made by the Central
Government in consultation with the Chief Justice of India.
(3) Subject to the provisions of
this Act--
(a)
the
jurisdiction, powers and authority of the Cyber Appellate Tribunal may be
exercised by the Benches thereof;
(b)
a Bench may
be constituted by the Chairperson of the Cyber Appellate Tribunal with one or
two Members of such Tribunal as the Chairperson may deem fit;
(c)
the Benches
of the Cyber Appellate Tribunal shall sit at New Delhi and at such other places
as the Central Government may, in consultation with the Chairperson of the
Cyber Appellate Tribunal, by notification in the Official Gazette, specify;
(d)
the Central
Government shall, by notification in the Official Gazette, specify the areas in
relation to which each Bench of the Cyber Appellate Tribunal may exercise its
jurisdiction.
(4) Notwithstanding anything
contained in sub-section (3), the Chairperson of the Cyber Appellate Tribunal
may transfer a Member of such Tribunal from one Bench to another Bench.
(5) If at any stage of the
hearing of any case or matter it appears to the Chairperson or a Member of the
Cyber Appellate Tribunal that the case or matter is of such a nature that it
ought to be heard by a Bench consisting of more Members, the case or matter may
be transferred by the Chairperson to such Bench as the Chairperson may deem
fit.
50. Qualifications for
appointment as Chairperson and Members of Cyber Appellate Tribunal.-- (1) A
person shall not be qualified for appointment as a Chairperson of the Cyber
Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge of
a High Court.
(2) The Members of the Cyber
Appellate Tribunal, except the Judicial Member to be appointed under
sub-section (3), shall be appointed by the Central Government from amongst
persons, having special knowledge of, and professional experience in,
information technology, telecommunication, industry, management or consumer
affairs:
Provided
that a person shall not be appointed as a Member, unless he is, or has been, in
the service of the Central Government or a State Government, and has held the
post of Additional Secretary to the Government of India or any equivalent post
in the Central Government or State Government for a period of not less than one
year or Joint Secretary to the Government of India or any equivalent post in
the Central Government or State Government for a period of not less than seven
years.
(3) The Judicial Members of the
Cyber Appellate Tribunal shall be appointed by the Central Government from
amongst persons who is or has been a member of the Indian Legal Service and has
held the post of Additional Secretary for a period of not less than one year or
Grade I post of that Service for a period of not less than five years.
51. Term of office, conditions of
service, etc., of Chairperson and Members.-- (1) The Chairperson or Member of
the Cyber Appellate Tribunal shall hold office for a term of five years from
the date on which he enters upon his office or until he attains the age of sixty-five
years, whichever is earlier.
(2) Before appointing any person
as the Chairperson or Member of the Cyber Appellate Tribunal, the Central
Government shall satisfy itself that the person does not have any such
financial or other interest as is likely to affect prejudicially his functions
as such Chairperson or Member.
(3) An officer of the Central
Government or State Government on his selection as the Chairperson or Member of
the Cyber Appellate Tribunal, as the case may be, shall have to retire from
service before joining as such Chairperson or Member.
52. Salary, allowances and other
terms and conditions of service of Chairperson and Members.- The salary and
allowances payable to, and the other terms and conditions of service including pension,
gratuity and other retirement benefits of, the Chairperson or a Member of the
Cyber Appellate Tribunal shall be such as may be prescribed.
52A. Powers of superintendence, direction, etc.- The Chairperson of the
Cyber Appellate Tribunal shall have powers of general superintendence and
directions in the conduct of the affairs of that Tribunal and he shall, in
addition to presiding over the meetings of the Tribunal, exercise and discharge
such powers and functions of the Tribunal as may be prescribed.
52B. Distribution of business among Benches.- Where Benches are
constituted, the Chairperson of the Cyber Appellate Tribunal may, by order,
distribute the business of that Tribunal amongst the Benches and also the
matters to be dealt with by each Bench.
52C. Power of Chairperson to transfer cases.- On the application of any
of the parties and after notice to the parties, and after hearing such of them
as he may deem proper to be heard, or suo motu without such notice, the
Chairperson of the Cyber Appellate Tribunal may transfer any case pending
before one Bench, for disposal to any other Bench.
52D. Decision by majority.- If the Members of a Bench consisting of two
Members differ in opinion on any point, they shall state the point or points on
which they differ, and make a reference to the Chairperson of the Cyber
Appellate Tribunal who shall hear the point or points himself and such point or
points shall be decided according to the opinion of the majority of the Members
who have heard the case, including those who first heard" it.".
27. Amendment of section 53.
In section
53 of the principal Act, for the words "Presiding Officer", the
words "Chairperson or Member, as the case may be," shall be
substituted.
28. Amendment of section 54
In section
54 of the principal Act, for the words "Presiding Officer"
wherever they occur, the words "Chairperson or the Member" shall be
substituted.
29. Amendment of section 55
In section
55 of the principal Act, for the words "Presiding Officer", the
words "Chairperson or the Member" shall be substituted.
30. Amendment of section 56
In section
56 of the principal Act, for the words "Presiding Officer", the
word "Chairperson" shall be substituted.
31. Amendment of section 64
In section
64 of the principal Act,--
(1)
for the
words "penalty imposed", the words "penalty imposed or
compensation awarded" shall be substituted;
(2)
in the
marginal heading, for the word "penalty", the words "penalty or
compensation" shall be substituted.
32. Substitution of new sections for sections 66 and 67
For sections
66 and 67 of the principal Act, the following sections shall be
substituted, namely:--
'66. Computer
related offences.- If any person, dishonestly or fraudulently, does any act
referred to in section 43, he shall be punishable with imprisonment for a term
which may extend to three years or with fine which may extend to five lakh
rupees or with both.
Explanation.--For
the purposes of this section,--
(a)
the word
"dishonestly" shall have the meaning assigned to it in section
24 of the Indian Penal Code[45 of 1860];
(b)
the word
"fraudulently" shall have the meaning assigned to it in section
25 of the Indian Penal Code[45 of 1860].
66A. Punishment for sending offensive messages
through communication service, etc.- Any person who sends, by means of a computer
resource or a communication device,--
(a)
any
information that is grossly offensive or has menacing character; or
(b)
any
information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred or ill will, persistently by making use of such
computer resource or a communication device; or
(c)
any
electronic mail or electronic mail message for the purpose of causing annoyance
or inconvenience or to deceive or to mislead the addressee or recipient about
the origin of such messages shall be punishable with imprisonment for a term
which may extend to three years and with fine.
Explanation.--
For the purposes of this section, terms "electronic mail" and
"electronic mail message" means a message or information created or
transmitted or received on a computer, computer system, computer resource or
communication device including attachments in text, image, audio, video and any
other electronic record, which may be transmitted with the message.
66B. Punishment for dishonestly receiving stolen
computer resource or communication device.- Whoever dishonestly receives or
retains any stolen computer resource or communication device knowing or having
reason to believe the same to be stolen computer resource or communication
device, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine which may extend to rupees one
lakh or with both.
66C. Punishment for identity theft.- Whoever,
fraudulently or dishonestly make use of the electronic signature, password or
any other unique identification feature of any other person, shall be punished
with imprisonment of either description for a term which may extend to three
years and shall also be liable to fine which may extend to rupees one lakh.
66D. Punishment for cheating by personation by
using computer resource.- Whoever, by means of any communication device or
computer resource cheats by personation, shall be punished with imprisonment of
either description for a term which may extend to three years and shall also be
liable to fine which may extend to one lakh rupees.
66E. Punishment for violation of privacy.--
Whoever, intentionally or knowingly captures, publishes or transmits the image
of a private area of any person without his or her consent, under circumstances
violating the privacy of that person, shall be punished with imprisonment which
may extend to three years or with fine not exceeding two lakh rupees, or with
both.
Explanation.--
For the purposes of this section--
(a)
"transmit"
means to electronically send a visual image with the intent that it be viewed
by a person or persons;
(b)
"capture",
with respect to an image, means to videotape, photograph, film or record by any
means;
(c)
"private
area" means the naked or undergarment clad genitals, public area, buttocks
or female breast;
(d)
"publishes"
means reproduction in the printed or electronic form and making it available
for public;
(e)
"under
circumstances violating privacy" means circumstances in which a person can
have a reasonable expectation that--
(i) he or she could disrobe in
privacy, without being concerned that an image of his private area was being
captured; or
(ii) any part of his or her
private area would not be visible to the public, regardless of whether that
person is in a public or private place.
66F. Punishment for cyber terrorism.- (1)
Whoever,--
(A)
with intent
to threaten the unity, integrity, security or sovereignty of India or to strike
terror in the people or any section of the people by--
(i) denying or cause the denial
of access to any person authorised to access computer resource; or
(ii) attempting to penetrate or
access a computer resource without authorisation or exceeding authorised
access; or
(iii) introducing or causing to
introduce any computer contaminant and by means of such conduct causes or is
likely to cause death or injuries to persons or damage to or destruction of
property or disrupts or knowing that it is likely to cause damage or disruption
of supplies or services essential to the life of the community or adversely
affect the critical information infrastructure specified under section 70; or
(B)
knowingly or intentionally penetrates or accesses a computer resource without
authorisation or exceeding authorised access, and by means of such conduct
obtains access to information, data or computer database that is restricted for
reasons of the security of the State or foreign relations; or any restricted
information, data or computer database, with reasons to believe that such
information, data or computer database so obtained may be used to cause or
likely to cause injury to the interests of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States,
public order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence, or to the advantage of any foreign
nation, group of individuals or otherwise, commits the offence of cyber
terrorism.
(2) Whoever
commits or conspires to commit cyber terrorism shall be punishable with
imprisonment which may extend to imprisonment for life.
67. Punishment
for publishing or transmitting obscene material in electronic form.-- Whoever
publishes or transmits or causes to be published or transmitted in the
electronic form, any material which is lascivious or appeals to the prurient
interest or if its effect is such as to tend to deprave and corrupt persons who
are likely, having regard to all relevant circumstances, to read, see or hear
the matter contained or embodied in it, shall be punished on first conviction
with imprisonment of either description for a term which may extend to three
years and with fine which may extend to five lakh rupees and in the event of
second or subsequent conviction with imprisonment of either description for a
term which may extend to five years and also with fine which may extend to ten
lakh rupees.
67A. Punishment for publishing or transmitting of material containing
sexually explicit act, etc., in electronic form.- Whoever publishes or
transmits or causes to be published or transmitted in the electronic form any
material which contains sexually explicit act or conduct shall be punished on
first conviction with imprisonment of either description for a term which may
extend to five years and with fine which may extend to ten lakh rupees and in
the event of second or subsequent conviction with imprisonment of either
description for a term which may extend to seven years and also with fine which
may extend to ten lakh rupees.
67B. Punishment for publishing or transmitting of material depicting
children in sexually explicit act, etc., in electronic form - Whoever --
(a)
publishes or
transmits or causes to be published or transmitted material in any electronic
form which depicts children engaged in sexually explicit act or conduct; or
(b)
creates text
or digital images, collects, seeks, browses, downloads, advertises, promotes,
exchanges or distributes material in any electronic form depicting children in
obscene or indecent or sexually explicit manner; or
(c)
cultivates,
entices or induces children to online relationship with one or more children
for and on sexually explicit act or in a manner that may offend a reasonable
adult on the computer resource; or
(d)
facilitates
abusing children online; or
(e)
records in
any electronic form own abuse or that of others pertaining to sexually explicit
act with children shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine
which may extend to ten lakh rupees and in the event of second or subsequent
conviction with imprisonment of either description for a term which may extend
to seven years and also with fine which may extend to ten lakh rupees:
Provided
that provisions of section 67, section 67A and this section does not extend to
any book, pamphlet, paper, writing, drawing, painting representation or figure
in electronic form--
(i)
the
publication of which is proved to be justified as being for the public good on
the ground that such book, pamphlet, paper, writing, drawing, painting
representation or figure is in the interest of science, literature, art or
learning or other objects of general concern; or
(ii)
which is
kept or used for bona fide heritage or religious purpose's.
Explanation.--
For the purposes of this section, "children" means a person who has
not completed the age of 18 years.
67C. Preservation and retention of information by intermediaries.- (1)
Intermediary shall preserve and retain such information as may be specified for
such duration and in such manner and format as the Central Government may
prescribe.
(2) Any intermediary who
intentionally or knowingly contravenes the provisions of sub-section (1) shall
be punished with an imprisonment for a term which may extend to three years and
shall also be liable to fine.'.
33. Amendment of section 68.
In section
68 of the principal Act, for sub-section (2), the following sub-section
shall be substituted, namely:--
"(2)
Any person who intentionally or knowingly fails to comply with any order under
sub-section (1) shall be guilty of an offence and shall be liable on conviction
to imprisonment for a term not exceeding two years or a fine not exceeding one
lakh rupees or with both.".
34. Substitution of new sections for section 69
For section
69 of the principal Act, the following sections shall be substituted,
namely:--
'69. Power to issue directions for interception or monitoring or
decryption of any information through any computer resource - (1) Where the
Central Government or a State Government or any of its officers specially
authorised by the Central Government or the State Government, as the case may
be, in this behalf may, if satisfied that it is necessary or expedient so to
do, in the interest of the sovereignty or integrity of India, defence of India,
security of the State, friendly relations with foreign States or public order
or for preventing incitement to the commission of any cognizable offence
relating to above or for investigation of any offence, it may subject to the
provisions of sub-section (2), for reasons to be recorded in writing, by order,
direct any agency of the appropriate Government to intercept, monitor or
decrypt or cause to be intercepted or monitored or decrypted any information
generated, transmitted, received or stored in any computer resource.
(2) The procedure and safeguards
subject to which such interception or monitoring or decryption may be carried
out, shall be such as may be prescribed.
(3) The subscriber or intermediary or any person
in-charge of the computer resource shall, when called upon by any agency
referred to in sub-section (1), extend all facilities and technical assistance
to--
(a)
provide
access to or secure access to the computer resource generating, transmitting,
receiving or storing such information; or
(b)
intercept,
monitor, or decrypt the information, as the case may be; or
(c)
provide
information stored in computer resource.
(4) The subscriber or
intermediary or any person who fails to assist the agency referred to in
sub-section (3) shall be punished with imprisonment for a term which may extend
to seven years and shall also be liable to fine.
69A. Power to issue directions for blocking for public access of any
information through any computer resource.-- (1) Where the Central Government
or any of its officers specially authorised by it in this behalf is satisfied
that it is necessary or expedient so to do, in the interest of sovereignty and
integrity of India, defence of India, security of the State, friendly relations
with foreign States or public order or for preventing incitement to the
commission of any cognizable offence relating to above, it may subject to the
provisions of sub-section (2), for reasons to be recorded in writing, by order,
direct any agency of the Government or intermediary to block for access by the
public or cause to be blocked for access by the public any information
generated, transmitted, received, stored or hosted in any computer resource.
(2) The procedure and safeguards
subject to which such blocking for access by the public may be carried out,
shall be such as may be prescribed.
(3) The intermediary who fails
to comply with the direction issued under sub-section (1) shall be punished
with an imprisonment for a term which may extend to seven years and shall also
be liable to fine.
69B. Power to authorise to monitor and collect traffic data or
information through any computer resource for cyber security.-- (1) The Central
Government may, to enhance cyber security and for identification, analysis and
prevention of intrusion or spread of computer contaminant in the country, by
notification in the Official Gazette, authorise any agency of the Government to
monitor and collect traffic data or information generated, transmitted,
received or stored in any computer resource.
(2) The intermediary or any
person in-charge or the computer resource shall, when called upon by the agency
which has been authorised under sub-section (1), provide technical assistance
and extend all facilities to such agency to enable online access or to secure
and provide online access to the computer resource generating, transmitting,
receiving or storing such traffic data or information.
(3) The procedure and safeguards
for monitoring and collecting traffic data or information, shall be such as may
be prescribed.
(4) Any intermediary who
intentionally or knowingly contravenes the provisions of sub-section (2) shall
be punished with an imprisonment for a term which any extend to three years and
shall also be liable to fine.
Explanation.--For
the purposes of this section,--
(i)
"computer
contaminant" shall have the meaning assigned to it in section 43;
(ii)
"traffic
data" means any data identifying or purporting to identify any person,
computer system or computer network or location to or from which the
communication is or may be transmitted and includes communications origin,
destination, route, time, date, size, duration or type of underlying service
and any other information.'.
35. Amendment of section 70
In section
70 of the principal Act,--
(a)
for
sub-section (1), the following sub-section shall be substituted, namely:--
'(1) The appropriate Government
may, by notification in the Official Gazette, declare any computer resource
which directly or indirectly affects the facility of Critical Information
Infrastructure, to be a protected system.
Explanation.--For
the purposes of this section, "Critical Information Infrastructure"
means the computer resource, the incapacitation or destruction of which, shall
have debilitating impact on national security, economy, public health or
safety.';
(b)
after
sub-section (3), the following sub-section shall be inserted, namely:--
"(4)
The Central Government shall prescribe the information security practices and
procedures for such protected system.".
36. Insertion of new sections 70A and 70B
After section
70 of the principal Act, the following sections shall be inserted,
namely:--
"70A. National nodal agency.-- (1) The Central Government may, by
notification published in the Official Gazette, designate any organisation of
the Government as the national nodal agency in respect of Critical Information
Infrastructure Protection.
(2) The national nodal agency
designated under sub-section (1) shall be responsible for all measures including
Research and Development relating to protection of Critical Information
Infrastructure.
(3) The manner of performing
functions and duties of the agency referred to in sub-section (1) shall be such
as may be prescribed.
70B. Indian Computer Emergency Response Team to serve as national agency
for incident response.-- (1) The Central Government shall, by notification in
the Official Gazette, appoint an agency of the Government to be called the
Indian Computer Emergency Response Team.
(2) The Central Government shall
provide the agency referred to in sub-section (1) with a Director-General and
such other officers and employees as may be prescribed.
(3) The salary and allowances
and terms and conditions of the Director-General and other officers and
employees shall be such as may be prescribed.
(4) The Indian Computer
Emergency Response Team shall serve as the national agency for performing the
following functions in the area of cyber security,--
(a)
collection,
analysis and dissemination of information on cyber incidents;
(b)
forecast and
alerts of cyber security incidents;
(c)
emergency
measures for handling cyber security incidents;
(d)
coordination
of cyber incidents response activities;
(e)
issue
guidelines, advisories, vulnerability notes and
transparent papers relating to information security practices, procedures,
presentation, response and reporting of cyber incidents;
(f)
such other
functions relating to cyber security as may be prescribed.
(5)
The manner
of performing functions and duties of the agency referred to in sub-section (1)
shall be such as may be prescribed.
(6)
For carrying
out the provisions of sub-section (4), the agency referred to in sub-section
(1) may call for information and give direction to the service providers,
intermediaries, data centres, body corporate and any other person.
(7)
Any service
provider, intermediaries, data centres, body corporate or person who fails to
provide the information called for or comply with the direction under
sub-section (6), shall be punishable with imprisonment for a term which may
extend to one year or with fine which may extend to one lakh rupees or with
both.
(8)
No court
shall take cognizance of any offence under this section, except on a complaint
made by an officer authorised in this behalf by the agency referred to in
sub-section (1).".
37. Insertion of new section 72A
After section
72 of the principal Act, the following section shall be inserted,
namely:--
"72 A.
Punishment for disclosure of information in breach of lawful contract.-- Save
as otherwise provided in this Act or any other law for the time being in force,
any person including an intermediary who, while providing services under the
terms of lawful contract, has secured access to any material containing
personal information about another person, with the intent to cause or knowing
that he is likely to cause wrongful loss or wrongful gain discloses, without
the consent of the person concerned, or in breach of a lawful contract, such
material to any other person, shall be punished with imprisonment for a term
which may extend to three years, or with fine which may extend to five lakh
rupees, or with both.".
38. Substitution of new sections for section 77
For section
77 of the principal Act, the following sections shall be substituted,
namely:--
"77. Compensation, penalties or confiscation not to interfere with
other punishment.-- No compensation awarded, penalty imposed or confiscation
made under this Act shall prevent the award of compensation or imposition of
any other penalty or punishment under any other law for the time being in
force.
77A. Compounding of offences.-- A court of competent jurisdiction may
compound offences, other than offences for which the punishment for life or
imprisonment for a term exceeding three years has been provided, under this
Act:
Provided
that the court shall not compound such offence where the accused is, by reason
of his previous conviction, liable to either enhanced punishment or to a
punishment of a different kind:
Provided
further that the court shall not compound any offence where such offence
affects the socio economic conditions of the country or has been committed
against a child below the age of 18 years or a woman.
(2) The person accused of an
offence under this Act may file an application for compounding in the court in
which offence is pending for trial and the provisions of sections
265B and 265C of the Code of Criminal Procedure, 1973(2 of 1974)
shall apply.
77B. Offences with three years imprisonment to be bailable.--
Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of
1974), the offence punishable with imprisonment of three years and above shall
be cognizable and the offence punishable with imprisonment of three years shall
be bailable.
39. Amendment of section 78
In section
78 of the principal Act, for the words "Deputy Superintendent of
Police" the word "Inspector" shall be substituted.
40. Substitution of new Chapters for Chapter XII
For Chapter
XII of the principal Act, the following Chapters shall be substituted, namely:--
'CHAPTER XII
Intermediaries not to be liable in certain cases
79. Exemption from liability of
intermediary in certain cases.-- (1) Notwithstanding anything contained in any
law for the time being in force but subject to the provisions of sub-sections
(2) and (3), an intermediary shall not be liable for any third party
information, data, or communication link made available or hosted by him.
(2) The provisions of
sub-section (1) shall apply if--
(a)
the function
of the intermediary is limited to providing access to a communication system
over which information made available by third parties is transmitted or
temporarily stored or hosted; or
(b)
the
intermediary does not—
(i)
initiate the
transmission,
(ii)
select the
receiver of the transmission, and
(iii)
select or
modify the information contained in the transmission;
(c)
the
intermediary observes due diligence while discharging his duties under this Act
and also observes such other guidelines as the Central Government may prescribe
in this behalf.
(3) The provisions of
sub-section (1) shall not apply if--
(a)
the
intermediary has conspired or abetted or aided or induced, whether by threats
or promise or otherwise in the commission of the unlawful act;
(b)
upon
receiving actual knowledge, or on being notified by the appropriate Government
or its agency that any information, data or communication link residing in or
connected to a computer resource controlled by the intermediary is being used
to commit the unlawful act, the intermediary fails to expeditiously remove or
disable access to that material on that resource without vitiating the evidence
in any manner.
Explanation.--For
the purposes of this section, the expression "third party
information" means any information dealt with by an intermediary in his
capacity as an intermediary.
CHAPTER XIIA
Examiner of electronic evidence
79A. Central Government to notify Examiner of Electronic Evidence.- The
Central Government may, for the purposes of providing expert opinion on
electronic form evidence before any court or other authority specify, by
notification in the Official Gazette, any Department, body or agency of the
Central Government or a State Government as an Examiner of Electronic Evidence.
Explanation.--For
the purposes of this section, "electronic form evidence" means any
information of probative value that is either stored or transmitted in
electronic form and includes computer evidence, digital audio, digital video,
cell phones, digital fax machines.'.
41. Amendment of section 80
In section
80 of the principal Act, in sub-section (1), for the words "Deputy
Superintendent of Police", the word "Inspector" shall be
substituted.
42. Amendment of section 81
In section
81 of the principal Act, the following proviso shall be inserted at the
end, namely:--
"Provided
that nothing contained in this Act shall restrict any person from exercising
any right conferred under the Copyright Act, 1957((14 of 1957)) or the Patents
Act, 1970(39 of 1970).".
43. Amendment of section 82
In section
82 of the principal Act,--
(a)
for the marginal
heading, the following marginal heading shall be substituted, namely:--
"Chairperson,
Members, officers and employees to be public servants.";
(b)
for the
words "Presiding Officer", the words "Chairperson, Members"
shall be substituted.
44. Amendment of section 84
In section
84 of the principal Act, for the words "Presiding Officer", the
words "Chairperson, Members" shall be substituted.
45. Insertion of new sections 84A, 84B and 84C
After section
84 of the principal Act, the following sections shall be inserted,
namely:--
"84A. Modes or methods for encryption.-- The Central Government
may, for secure use of the electronic medium and for promotion of e-governance
and e-commerce, prescribe the modes or methods for encryption.
84B. Punishment for abetment of offences.- Whoever abets any offence
shall, if the act abetted is committed in consequence of the abetment, and no
express provision is made by this Act for the punishment of such abetment, be
punished with the punishment provided for the offence under this Act.
Explanation.--An
act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy,
or with the aid which constitutes the abetment.
84C. Punishment for attempt to commit offences.- Whoever attempts to
commit an offence punishable by this Act or causes such an offence to be
committed, and in such an attempt does any act towards the commission of the
offence, shall, where no express provision is made for the punishment of such
attempt, be punished with imprisonment of any description provided for the
offence, for a term which may extend to one-half of the longest term of
imprisonment provided for that offence, or with such fine as is provided for
the offence, or with both.".
46. Amendment of section 87
In section
87 of the principal Act,--
(A)
in
sub-section (2),--
(i) for clause (a), the following clauses shall
be substituted, namely:--
(a)
the
conditions for considering reliability of electronic signature or electronic
authentication technique under sub-section (2) of section 3A;
(aa) the procedure for ascertaining electronic signature or
authentication under sub-section (3) of section 3 A;
(ab) the manner in which any information or matter may be authenticated
by means of electronic signature under section 5;";
(ii') after clause (c), the
following clause shall be inserted, namely:--
"(ca)
the manner in which the authorised service provider may collect, retain and
appropriate service charges under sub-section (2) of section 6A;";
(iii) for clause (e), the
following clauses shall be substituted, namely:--
"(e) the manner of storing
and affixing electronic signature creation data under section 15;
(ea) the security procedures and practices under section 16;";
(iv) in clause (f), for the
words "and Assistant Controllers", the words ", Assistant
Controllers, other officers and employees" shall be substituted;
(v) clause (g) shall be omitted;
(vi) after
clause (m), the following clause shall be inserted, namely:--
"(ma)
the form of application and fee for issue of Electronic Signature Certificate
under section 35;";
(vii) after
clause (o), the following clauses shall be inserted, namely:--
"(oa) the duties of subscribers under section 40A;
(ob) the reasonable security
practices and procedures and sensitive personal data or information under
section 43A;";
(viii) in clause (r), for the words "Presiding Officer", the
words "Chairperson and Members" shall be substituted;
(ix) in clause (s), for the
words "Presiding Officer", the words "Chairperson and
Members" shall be substituted;
(x) for clause (w), the
following clauses shall be substituted, namely:--
"(w)
the powers and functions of the Chairperson of the Cyber Appellate Tribunal
under section 52A;
(x) the information, duration,
manner and form of such information to be retained and preserved under section
67C;
(y) the procedures and
safeguards for interception, monitoring, or decryption under sub-section (2) of
section 69;
(z) the procedure and safeguards
for blocking for access by the public under sub-section (2) of section 69A;
(za) the procedure and safeguards
for monitoring and collecting traffic data or information under sub-section (3)
of section 69B;
(zb) the information security
practices and procedures for protected system under section 70;
(zc) manner of performing
functions and duties of the agency under sub-section (3) of section 70A;
(zd) the officers and employees
under sub-section (2) of section 70B;
(ze) salaries and allowances and
terms and conditions of service of the Director General and other officers and
employees under subsection (3) of section 70B;
(zf) the manner in which the
functions and duties of agency shall be performed under sub-section (5) of
section 70B;
(zg) the guidelines to be
observed by the intermediaries under sub-section (2) of section 79;
(zh) the modes or methods for
encryption under section 84A;"; (B) in sub-section (3),--
(i) for the words, brackets,
letter and figures "Every notification made by the Central Government
under clause (f) of sub-section (4) of section 1 and every rule made by
it", the words "Every notification made by the Central Government
under sub-section (1) of section 70A and every rule made by it" shall be
substituted;
(ii) the words "the notification or"
wherever they occur, shall be omitted.
47. Amendment of section 90
In section
90 of the principal Act, in sub-section (2), clause (c) shall be omitted.
48. Omission of sections 91, 92, 93 and 94
Sections
91, 92, 93 and 94 of the principal Act shall be
omitted.
49. Substitution of new Schedules for First Schedule and Second Schedule.
For the
First Schedule and the Second Schedule to the principal Act, the following
Schedules shall be substituted, namely:--
"FIRST SCHEDULE
[See sub-section (4) of section 1]
Documents or transactions to which the Act shall
not apply
|
Sl. No.
|
Description
of documents or transactions
|
|
1.
|
A
negotiable instrument (other than a cheque) as defined in section
13 of the Negotiable Instruments Act, 1881(26 of 1881).
|
|
2.
|
A
power-of-attorney as defined in section 1A of the
Powers-of-Attorney Act, 1882(7 of 1882).
|
|
3.
|
A trust as
defined in section 3 of the Indian Trusts Act, 1882(2 of 1882).
|
|
4.
|
A will as
defined in clause (h) of section 2 of the Indian Succession Act,
1925(39 of 1925), including any other testamentary disposition by whatever
name called.
|
|
5.
|
Any
contract for the sale or conveyance of immovable property or any interest in
such property.
|
THE SECOND SCHEDULE
[See sub-section (1) of section 3 A]
Electronic signature or electronic authentication
technique and procedure
|
Sl. No.
|
Description
|
Procedure
|
|
(1)
|
(2)
|
(3)
|
|
|
|
|
50. Omission of Third Schedule and Fourth Schedule.
The Third
Schedule and the Fourth Schedule to the principal Act shall be omitted.
PART III
Amendment of the Indian Penal Code
51. Amendment of Indian Penal Code
In the
Indian Penal Code(45 of 1860)--
(a)
Amendment of
section 4.- in section 4,--
(i) after clause (2), the
following clause shall be inserted, namely:--
"(3)
any person in any place without and beyond India committing offence targeting a
computer resource located in India.";
(ii) for
the Explanation, the following Explanation shall be substituted, namely:--
'Explanation--In
this section--
(a)
the word
"offence" includes every act committed outside India which, if
committed in India, would be punishable under this Code;
(b)
the
expression "computer resource" shall have the meaning assigned to it
in clause (k) of sub-section (1) of section 2 of the Information
Technology Act, 2000(21 of 2000).';
(b)
Amendment of
section 40.- in section 40, in clause (2), after the figure "117",
the figures and word "118, 119 and 120" shall be inserted;
(c)
Amendment of
section 118.-- in section 118, for the words "voluntarily conceals, by any
act or illegal omission, the existence of a design", the words
"voluntarily conceals by any act or omission or by the use of encryption
or any other information hiding tool, the existence of a design" shall be
substituted;
(d)
Amendment of
section 119 - in section 119, for the words "voluntarily conceals, by any
act or illegal omission, the existence of a design", the words
"voluntarily conceals by any act or omission or by the use of encryption
or any other information hiding tool, the existence of a design" shall be
substituted;
(e)
Amendment of
section 464.- in section 464, for the words "digital signature"
wherever they occur, the words "electronic signature" shall be
substituted;
PART IV
Amendment of the Indian Evidence
Act, 1872
52. Amendment of Indian Evidence Act.
In the
Indian Evidence Act, 1872(1 of 1872),--
(a)
Amendment of
section 3.- in section 3 relating to interpretation clause, in the paragraph
appearing at the end, for the words "digital signature" and
"Digital Signature Certificate", the words "electronic
signature" and "Electronic Signature Certificate" shall
respectively be substituted;
(b)
Insertion of
new section 45A -after section 45, the following section shall be inserted,
namely:--
"45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding,
the court has to form an opinion on any matter relating to any information
transmitted or stored in any computer resource or any other electronic or
digital form, the opinion of the Examiner of Electronic Evidence referred to
in section 79A of the Information Technology Act, 2000(21 of 2000).,
is a relevant fact.
Explanation.--For
the purposes of this section, an Examiner of Electronic Evidence shall be an
expert.";
(c)
Amendment of
section 47A -in section 47A,--
(i)
for the
words "digital signature", the words "electronic signature"
shall be substituted;
(ii)
for the
words "Digital Signature Certificate", the words "Electronic
Signature Certificate" shall be substituted;
(d)
Amendment of
section 67A -in section 67A, for the words "digital signature"
wherever they occur, the words "electronic signature" shall be
substituted;
(e)
Amendment of
section 85A - in section 85A, for the words "digital signature" at
both the places where they occur, the words "electronic signature"
shall be substituted;
(f)
Amendment of
section 85B.-in section 85B, for the words "digital signature"
wherever they occur, the words "electronic signature" shall be
substituted;
(g)
Amendment of
section 85C in section 85C, for the words "Digital Signature
Certificate", the words "Electronic Signature Certificate" shall
be substituted;
(h)
Amendment of
section 90A. in section 90A, for the words "digital signature" at
both the places where they occur, the words "electronic signature"
shall be substituted;
Amending Act 1 - NEGOTIABLE INSTRUMENTS (AMENDMENT
AND MISCELLANEOUS PROVISIONS) ACT, 2002
THE NEGOTIABLE INSTRUMENTS
(AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002
[Act, No. 55
of 2002]
PREAMBLE
An Act
further to amend the Negotiable Instruments Act, 1881, the Bankers' Books
Evidence Act, 1891 and the Information Technology Act, 2000.
Be it
enacted by Parliament in the Fifty-third Year of the Republic of India as
follows:--
1. Short title and commencement
(1)
This Act may
be called the Negotiable Instruments (Amendment and Miscellaneous Provisions)
Act, 2002.
(2)
It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act.
2. Substitution of new section
for section 6
For section
6 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the
principal Act), the following section shall be substituted, namely:--
'6. "Cheque".--
A
"cheque" is a bill of exchange drawn on a specified banker and not
expressed to be payable otherwise than on demand and it includes the electronic
image of a truncated cheque and a cheque in the electronic form.
Explanation
1.--For the purposes of this section, the expressions--
(a)
"a
cheque in the electronic form" means a cheque which contains the exact
mirror image of a paper cheque, and is generated, written and signed in a
secure system ensuring the minimum safety standards with the use of digital
signature (with or without biometrics signature) and asymmetric crypto system;
(b)
"a
truncated cheque" means a cheque which is truncated during the course of a
clearing cycle, either by the clearing house or by the bank whether paying or
receiving payment, immediately on generation of an electronic image for
transmission, substituting the further physical movement of the cheque in
writing.
Explanation II.--For
the purposes of this section, the expression "clearing house" means
the clearing house managed by the Reserve Bank of India or a clearing house
recognised as such by the Reserve Bank of India.'.
3. Amendment of section 64
Section
64 of the principal Act shall be re-numbered as sub-section (1) thereof,
and after sub-section (1) as sore-numbered, the following sub-section shall be
inserted, namely:--
"(2) Notwithstanding
anything contained in section 6, where an electronic image of a truncated
cheque is presented for payment, the drawee bank is entitled to demand any
further information regarding the truncated cheque from the bank holding the
truncated cheque in case of any reasonable suspicion about the genuineness of
the apparent tenor of instrument, and if the suspicion is that of any fraud,
forgery, tampering or destruction of the instrument, it is entitled to further
demand the presentment of the truncated cheque itself for verification:
Provided
that the truncated cheque so demanded by the drawee bank shall be retained by
it, if the payment is made accordingly.",
4. Amendment of section 81
Section
81 of the principal Act shall be re-numbered as sub-section (1) thereof,
and after sub-section (1) as on re-numbered, the following sub-sections shall
be inserted, namely:--
"(2) Where the cheque is an
electronic image of a truncated cheque, even after the payment the banker who
received the payment shall be entitled to retain the truncated cheque.
(3) A certificate issued on the
foot of the printout of the electronic image of a truncated cheque by the
banker who paid the instrument, shall be prima facie proof of such
payment.".
5. Amendment of section 89
Section
89 of the principal Act shall be re-numbered as sub-section (1) thereof,
and after sub-section (1) as so re-numbered, the following sub-sections shall
be inserted, namely:--
"(2) Where the cheque is an
electronic image of a truncated cheque, any difference in apparent tenor of
such electronic image and the truncated cheque shall be a material alteration
and it shall be the duty of the bank or the clearing house, as the case may be,
to ensure the exactness of the apparent tenor of electronic image of the
truncated cheque while truncating and transmitting the image.
(3) Any bank or a clearing house
which receives a transmitted electronic image of a truncated cheque, shall
verify from the party who transmitted the image to it, that the image so
transmitted to it and received by it, is exactly the same.".
6. Amendment of section 131
In section
131 of the principal Act, Explanation shall be re-numbered as Explanation
1 thereof, and after Explanation I as so re-numbered, the following Explanation
shall be inserted, namely:--
"Explanation
II.--It shall be the duty of the banker who receives payment based on an
electronic image of a truncated cheque held with him, to verify the prima facie
genuineness of the cheque to be truncated and any fraud, forgery or tampering
apparent on the face of the instrument that can be verified with due diligence
and ordinary care.".
7. Amendment of section 138
In section 138 of the principal Act,--
(a)
for the
words "a term which may be extended to one year", the words "a
term which may be extended to two years" shall be substituted;
(b)
in the
proviso, in clause (ft), for the words "within fifteen days", the
words "within thirty days" shall be substituted.
8. Amendment of section 141
In section
141 of the principal Act, in sub-section (1), after the proviso, the
following proviso shall be inserted, namely:--
"Provided
further that where a person is nominated as a Director of a company by virtue
of his holding any office or employment in the Central Government or State
Government or a financial corporation owned or controlled by the Central
Government or the State Government, as the case may be, he shall not be liable
for-prosecution under this Chapter.".
9. Amendment of section 142
In section
142 of the principal Act, after clause (b), the following proviso shall be
inserted, namely:--
"Provided
that the cognizance of a complaint may be taken by the Court after the
prescribed period, if the complainant satisfies the Court that he had
sufficient cause for not making a complaint within such period.".
10. Insertion of new sections
after section 142
After section
142 of the principal Act, the following sections shall be inserted,
namely:--
"143.
Power of Court to try cases summarily.--
(1)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all
offences under this Chapter shall be tried by a Judicial Magistrate of the
first class or by a Metropolitan Magistrate and the provisions of sections 262
to 265 (both inclusive) of the said Code shall, as far as may be, apply to such
trials:
Provided
that in the case of any conviction in a summary trial under this section, it
shall be lawful for the Magistrate to pass a sentence of imprisonment for a
term not exceeding one year and an amount of fine exceeding five thousand
rupees:
Provided
further that when at the commencement of, or in the course of, a summary trial
under this section, it appears to the Magistrate that the nature of the case is
such that a sentence of imprisonment for a term exceeding one year may have to
be passed or that it is, for any other reason, undesirable to try the case
summarily, the Magistrate shall after hearing the parties, record an order to
that effect and thereafter recall any witness who may have been examined and
proceed to hear or rehear the case in the manner provided by the said Code.
(2)
The trial of
a case under this section shall, so far as practicable, consistently with the
interests of justice, be continued from day to day until its conclusion, unless
the Court finds the adjournment of the trial beyond the following day to be
necessary for reasons to be recorded in writing.
(3)
Every trial
under this section shall be conducted as expeditiously as possible and an
endeavour shall be made to conclude the trial within six months from the date
of filing of the complaint.
144. Mode of
service of summons.--
(1)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), and for
the purposes of this Chapter, a Magistrate issuing a summons to an accused or a
witness may direct a copy of summons to be served at the place where
such accused or witness ordinarily resides or carries on business or personally
works for gain, by speed post or by such courier services as are approved by 8
Court of Session.
(2)
Where an
acknowledgment purporting to be signed by the accused or the witness or an
endorsement purported to be made by any person authorised by the postal
department or the courier services that the accused or the witness
refused to take delivery of summons has been received, the Court issuing the
summons may declare that the summons has been duly sewed.
145.
Evidence on affidavit.--
(1)
Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of
the complainant may be given by him on affidavit and may, subject to all just exceptions
be read in evidence in any enquiry, trial or other proceeding under the said
Code.
(2)
The
Court may, if it thinks fit, and shall, on the application of the
prosecution or the accused, summon and examine any person giving evidence on
affidavit as to the facts contained therein.
146. Bank's
slip prima facie evidence for certain facts.--
The Court
shall, in respect of every proceeding under this Chapter, on
production of bank's slip or memo having thereon the official mark denoting
that the cheque has been dishonoured, presume the fact of dishonour of such
cheque, unless and until such fact is disproved.
147.
Offences to be compoundable.--
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), every offence punishable under this Act shall be compoundable.".
11. Amendment of section 2
In section
2 of the Bankers' Books Evidence Act, 1891 (18 of 1891),--
(a)
for clause
(3), the following clause shall be substituted, namely:--
'(3) "bankers' books"
include ledgers, day-books, cash-books, account-books and all other records
used in the ordinary business of the bank, whether these records are kept in
written form or stored in a micro film, magnetic tape or in any other form of
mechanical or electronic data retrieval mechanism, either onsite or at any
offsite location including a back-up or disaster recovery site of both;';
(b)
in clause
(5), after sub-clause (6), the following sub-clause shall be inserted,
namely:--
(c)
a printout
of any entry in the books of a bank stored in a micro film, magnetic tape or in
any other form of mechanical or electronic data retrieval mechanism obtained by
a mechanical or other process which in itself ensures the accuracy of
such printout as a copy of such entry and such printout contains the
certificate in accordance with the provisions of section 2A.".
12. Amendment of section 1
In the
Information Technology Act, 2000 (21 of 2000) (hereinafter referred to as the
principal Act), in section 1, in sub-section (4), for clause (a), the
following clause shall be substituted, namely:--
"(a) a
negotiable instrument (other than a cheque) as defined in section
13 of the Negotiable Instruments Act, 1881 (26 of 1881);".
13. Insertion of a new section
81A
After section
81 of the principal Act, the following section shall be inserted,
namely:---
'81 A. Application of the Act to electronic cheque and truncated
cheque.--
(1)
The
provisions of this Act, for the time being in force, shall apply to, or in
relation to, electronic cheques and the truncated cheques subject to such
modifications and amendments as may be necessary for carrying out the purposes
of the Negotiable Instruments Act, 1881 (26 of 1881) by the Central Government,
in consultation with the Reserve Bank of India, by notification in the Official
Gazette.
(2)
Every notification
made by the Central Government under sub-section (1) shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of me
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the notification or both Houses
agree that the notification should not be made, the notification shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
notification.
Explanation.--For
the purposes of this Act, the expressions "electronic cheque" and
"truncated cheque" shall have the same meaning as assigned to them
in section 6 of the Negotiable Instruments Act, 1881.'.
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was:-
"agreed
with the addressee"
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was : -
"Assistant
Controllers"
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was : -
"and
Assistant Controllers"
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 Previous text
was "digital Signature"
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 Previous text
was :- "digital Signature"
Omitted by the Finance Act, 2017 the
previous text was:-
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous
text was:- "Presiding Officer"
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was : -
Inserted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009.
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was :-
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 previous text
was :-
Inserted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009.
Substituted vide Information Technology
(Amendment) Act, 2008 (Act No. 10 of 2009) w.e.f. 27.10.2009 Previous text
was:- "digital Signature"