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6. Payable on demand.

A cheque to be valid must be payable on demand and not

otherwise. Use of the words on demand ortheir equivalent

is not necessary. When the drawer asks thebanker

to pay and does not specify the time for its payment, theinstrum

ent is payable on demand (Sec.19).7.

Dating of cheques. The drawer of a cheque is expected

to date it before it leaves his hands. A cheque without a

date is consideredi ncomplete and is returned unpaid by

the banks. The drawer candate a cheque with the date earlier

or later than the date on whichit is drawn. A cheque

bearing an earlier date is antedated and theone bearing the

later date is called post-dated. A postdatedcheq ue cannot

be honoured, except at the personal

risk of thebank s manager, till the date mentioned. A post

dated cheque isas much negotiable as a cheque for

which payment is due, i.e.,the transferee of a post-

dated cheque, like that of the cheque on which payment is

due, acquires a better title than its transferor, if he is a

holder in due course. A cheque that bears a date

earlierthan six months is a stale cheque and cannot

be claimed for.

Question 6: Write short note on :A-

Digital Signatur eBInformati on

Technolo gy ActAns:--

A-Digital SignatureA uthenticati on of electronic records.

Authentica tion is a process usedto confirm the identity of

a person or to prove the integrity of informat ion. The

authenticat ion of message involves determinin g itssource

and verifying that it has not been modified or replaced in

transit.Subj ect to the provisions of section 3 any subscriber

may authenticat ean electronic record by affixing his

digital signature. The hash function means an

algorithm mappin g or translation of one

sequence of bits into another, generally smaller set known as

hashresult such that an electronic record yields the

same hash result every time the algorithm is executed

with the same electronic record as itsinput making it

computatio nally infeasible( a) to derive or reconstruct

the original electronic record from the hashresult produced

by the algorithm; (b) that two electronic records

can produce the same hash result using the algorithm.

BInformat ion Technol ogy Act

In May 2000, at the height of the dotcom boom, India

enacted the IT Act and became part of a select

group of countries to have put in placecyber laws. In all

these years, despite the growing crime rate in thecyber

world, only less than 25 cases have been registered under the

IT Act 2000 and no final verdict has been passed in

any of these cases asthey are now pending

with various courts in the country.

Although the law came into operation on October 17, 2000, it

still hasan element of mystery around it. Not only from the

perception of thecommo n man, but also from the

perception of lawyers, law enforcing a gencies and even

the judiciary.T he prime reason for this is the fact that

the IT Act is a set of technicalla ws. Another major

hurdle is the reluctance on the part of companies

to report the instances of cybercrimes, as they don't

want to get negativ e publicity or worse get entangled

in legal proceeding s. A majorhurdl e in cracking

down on the perpetrator s of cybercrimes such

ashacking is the fact that most of them are not in India. The

IT Act doesgive extraterritorial jurisdiction to law

enforceme nt agencies, but suchpower s are

largely inefficient. This is because India does not

haverecipr ocity and extradition treaties with a large

number of countries.T he Indian IT Act also needs to evolve with

the rapidly changing t echnology environme nt that breeds

new forms of crimes andcrimina ls. We are now beginning

to see new categories and varieties of cybercrimes,

which have not been addressed in the IT Act. Thisinclude

s cyber stalking, cyber nuisance, cyber harassmen

t, cyberdefa mation and the like. Though Section 67

of the Information Technology Act, 2000 provides for

punishmen t to whoever transmitsor publishes or causes

to be published or transmitte d, any material w

hich is obscene in electronic form with impris onment for

a term which may extend to two years and

with fine which may extend totwenty five thousand

rupees on first convection and in the event of second

may extend to five years and also with fine which may

extend tofifty thousand rupees, it does not expressly

talk of cyber defamation .The above provision chiefly aim

at curbing the increasing number of child pornograp

hy cases and does not encompass other crimes

whichcould have been expressly brought within its ambit such

as cyberdefa mation.

MB0051
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