INDIAN BARE ACTS

INFORMATION TECHNOLOGY ACT, 2000

[Act No. 21 of 2000 dated 9th June, 2000]
An Act to provide legal recognition carried out by mean of electronic date interchange and other
mean of electronic communication, commonly referred to a !electronic commerce! "hich involve the
ue of alternative to paper#baed method of communication and torage of information, to facilitate
electronic filing of document "ith the $overnment agencie and further to amend the %ndian &enal
'ode, the %ndian (vidence Act, 1)*2, the +an,er- +oo, (vidence Act, 1)91 and the .eerve +an,
of %ndia Act, 19/0 and for matter connected there"ith or incidental thereto.
1herea the $eneral Aembly of the 2nited Nation by reolution A3.(43513162, dated the /0th
January, 199* ha adopted the 7odel 8a" on (lectronic 'ommerce adopted by the 2nited Nation
'ommiion on %nternational 9rade 8a":
And 1herea the aid reolution recommend inter alia that all 4tate give favourable conideration
to the aid 7odel 8a" "hen they enact or revie their la", in vie" of the need for uniformity of the
la" applicable to alternative to paper#baed method of communication and torage of information:
And 1herea it i conidered neceary to give effect to the aid reolution and to promote efficient
delivery of $overnment ervice by mean of reliable electronic record.
+e it enacted &arliament in the ;ifty#firt <ear of the .epublic of %ndia a follo"= #

Chapter Section Tit!e
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INFORMATION TECHNOLOGY ACT, 2000
CHA"TER I # "RELIMINARY
$% Short tit!e, e&tent, co''ence'ent an( app!ication
D1E 9hi Act may be called the %nformation 9echnology Act, 2000.
D2E %t hall eFtend to the "hole of %ndia and, ave a other"ie provided in thi Act, it applie alo to
any offence or contravention thereunder committed outide %ndia by any peron.
D/E %t hall come into force on uch date a the 'entral $overnment may, by notification, appoint and
different date may be appointed proviion of thi Act and any reference in any uch proviion to the
commencement of thi Act hall be contrued a a reference to the commencement of that proviion.
D0E Nothing in thi Act hall apply to,#
DaE a negotiable intrument a defined in ection 1/ of the Negotiable %ntrument Act, 1))1:
DbE a po"er#of#attorney a defined in ection 1A of the &o"er #of#Attorney Act, 1))2:
DcE a trut a defined in ection / of the %ndian 9rut Act, 1))2:
DdE a "ill a defined in claue DhE of ection 2 of the %ndian 4ucceion Act, 1925 including any other
tetamentary dipoition by "hatever name called:
DeE any contract for the ate of conveyance of immovable property or any interet in uch property:
DfE any uch cla of document or tranaction a may be notified by the 'entral $overnment in the
?fficial $aGette.
2% De)inition
D1E %n thi Act, unle the conteFt other"ie reHuire,#
DaE !acce! "ith it grammatical variation and cognate eFpreion mean gaining entry into,
intruction or communicating "ith the logical, arithmetical, or memory function reource of a
computer, computer ytem or computer net"or,:
DbE !a((reee! mean a peron "ho i intended by the originator to receive the electronic record but
doe not include any intermediary:
DcE !a(*+(icatin, o))icer! mean an adIudicating officer appointed under ub#ection D1E of ection
06:
DdE !a))i&in, (i,ita! i,nat+re! "ith it grammatical variation and cognate eFpreion mean
adoption of any methodology or procedure by a peron for the purpoe of authenticating an electronic
record by mean of digital ignature:
DeE !appropriate Go-ern'ent! mean a repect any matter,#
DiE enumerated in 8it %% of the 4eventh 4chedule to the 'ontitution:
DiiE relating to any 4tate la" enacted under 8it %%% of the 4eventh 4chedule to the 'ontitution,
the 4tate $overnment and in any other cae, the 'entral $overnment:
DfE !a.''etric cr.pto S.te'! mean a ytem of a ecure ,ey pair coniting of a private ,ey for
creating a digital ignature and a public ,ey to verify the digital ignature:
DgE !Certi).in, A+thorit.! mean a peron "ho ha been granted a licence to iue a >igital
4ignature 'ertificate under ection 20:
DhE !certi)ication practice tate'ent! mean a tatement iued by a 'ertifying Authority to pecify
the practice that the 'ertifying Authority employ in iuing >igital 4ignature 'ertificate:
DiE !co'p+ter! mean any electronic magnetic, optical or other high#peed data proceing device or
ytem "hich perform logical, arithmetic, and memory function by manipulation of electronic,
magnetic or optical impule, and include all input, output, proceing, torage, computer oft"are,
or communication facilitie "hich are connected or related to the computer in a computer ytem or
computer net"or,:
DIE !co'p+ter net/or0! mean the interconnection of one or more computer through#
DiE the ue of atellite, micro"ave, terretrial line or other communication media: and
DiiE terminal or a compleF coniting of t"o or more interconnected computer "hether or not the
interconnection i continuouly maintained:
D,E !co'p+ter reo+rce! mean computer, computer ytem, computer net"or,, date, computer data
bae or oft"are:
DlE !co'p+ter .te'! mean a device or collection of device, including input and output upport
device and eFcluding calculator "hich are not programmable and capable of being ued in
conIunction "ith eFternal file, "hich contain computer programme, electronic intruction, input data
and output data, that perform logic, arithmetic, data torage and retrieval, communication control and
other function:
DmE !Contro!!er! mean the 'ontroller of 'ertifying Authority appointed under ub#ection D1E of
ection 1*:
DnE !C.1er Appe!!ate Tri1+na!! mean the 'yber .egulation Appellate 9ribunal etablihed under
ub#ection D1E of ection 0):
DoE !(ata! mean a repreentation of information, ,no"ledge, fact, concept or intruction "hich are
being prepared or have prepared in a formalied manner, and i intended to be proceed, i being
proceed or ha been proceed in a computer ytem or computer net"or,, and may be in any
form Dincluding computer printout magnetic or optical torage media, punched card, punched tapeE
or tored internally in the memory of the computer:
DpE !(i,ita! i,nat+re! mean authentication of any electronic record by a ubcriber by mean of an
electronic method or procedure in accordance "ith the proviion of ection /:
DHE !Di,ita! Si,nat+re Certi)icate! mean a >igital 4ignature 'ertificate iued under ub#ection D0E
of ection /5:
DrE !e!ectronic )or'! "ith reference to information mean any information generated, ent, received
or tored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche
or imilar device:
DE !E!ectronic Ga2ette! mean the ?fficial $aGette publihed in the electronic form:
DtE !e!ectronic recor(! mean date, record or data generated, image or ound tored, received or
ent in an electronic form or micro film or computer generated micro fiche:
DuE !)+nction!, in relation to a computer, include logic, control, arithmetical proce, deletion, torage
and retrieval and communication or telecommunication from or "ithin a computer:
DvE !in)or'ation! include date, teFt, image, ound, voice, code, computer programme, oft"are
and data bae or micro film or computer generated micro fiche:
D"E !inter'e(iar.! "ith repect to any particular electronic meage mean any peron "ho on
behalf of another peron receive, tore or tranmit that meage or provide any ervice "ith
repect to that meage:
DFE !0e. pair! in an aymmetric crypto ytem, mean a private ,ey and it mathematically related
public ,ey, "hich are o related that the public ,ey can verify a digital ignature created by the private
,ey:
DyE !!a/! include any Act of &arliament or of a 4tate 8egilature, ?rdinance promulgated by the
&reident or a $overnor, a the cae may be, .egulation made by the &reident under article 200,
+ill enacted a &reident- Act under ub#claue DaE of claue D1E of article /5* of the 'ontitution
and include rule, regulation, bye#la" and order iued or made thereunder :
DGE !!icence! mean a licence granted to a 'ertifying Authority under ection 20:
DGaE !ori,inator! mean a peron "ho end, generate, tore or tranmit any electronic meage
or caue any electronic meage to be ent, generated, tored or tranmitted to any other peron but
doe not include an intermediary:
DGbE !precri1e(! mean precribed by rule made under thi Act:
DGcE !pri-ate 0e.! mean the ,ey of a ,ey pair ued to create a digital ignature:
DGdE !p+1!ic 0e.! mean the ,ey of a ,ey pair ued to verify a digital ignature and lited in the >igital
4ignature 'ertificate:
DGeE !ec+re .te'! mean computer hard"are, oft"are, and procedure that#
DaE are reaonably ecure from unauthoried acce and miue:
DbE provide a reaonable level of reliability and correct operation:
DcE are reaonably uited to performing the intended function: and
DdE adhere to generally accepted ecurity procedure:
DGfE !ec+rit. proce(+re! mean the ecurity procedure precribed under ection 16 by the 'entral
$overnment:
DGgE !+1cri1er! mean a peron in "hoe name the >igital 4ignature 'ertificate i iued:
DGhE !-eri).! in relation to a digital ignature, electronic record or public ,ey, "ith it grammatical
variation and cognate eFpreion mean to determine "hether#
DaE the initial electronic record "a affiFed "ith the digital ignature by the ue of private ,ey
correponding to the public ,ey of the ubcriber:
DbE the initial electronic record i retained intact or ha been altered ince uch electronic record "a
o affiFed "ith the digital ignature.
D2E Any reference in thi Act to any enactment or any proviion thereof hall, in relation to an area in
"hich uch enactment or uch proviion i not in force, be contrued a a reference to the
correponding la" or the relevant proviion of the correponding la", if any, in force in that area.
CHA"TER II # DIGITAL SIGNAT3RE
4% A+thentication o) e!ectronic recor(
D1E 4ubIect to the proviion of thi ection any ubcriber may authenticate an electronic record by
affiFing hi digital ignature.
D2E 9he authentication of the electronic record hall be effected by the ue of aymmetric crypto
ytem and hah function "hich envelop and tranform the initial electronic record into another
electronic record.
(Fplanation# ;or the purpoe of thi ub#ection, !hah function! mean an algorithm mapping or
tranlation of one eHuence of bit into another, generally maller, et ,no"n a !hah reult! uch
that an electronic record yield the ame hah reult every time the algorithm i eFecuted "ith the
ame electronic record a it input ma,ing it computationally infeaible#
DaE to derive or recontruct the original electronic record from the hah reult produced by the
algorithm:
DbE that t"o electronic record can produce the ame hah reult uing the algorithm.
D/E Any peron by the ue of a public ,ey of the ubcriber can verify the electronic record.
D0E 9he private ,ey and the public ,ey are uniHue to the ubcriber and contitute a functioning ,ey
pair.
CHA"TER III # ELECTRONIC GO5ERNANCE
6% Le,a! reco,nition o) e!ectronic recor(
1here any la" provide that information or any other matter hall be in "riting or in the type"ritten or
printed form, then, not"ithtanding anything contained in uch la", uch reHuirement hall be deemed
to have atified if uch information or matter i#
DaE rendered or made available in an electronic form: and
DbE acceible o a to be uable for a ubeHuent reference.
7% Le,a! reco,nition o) (i,ita! i,nat+re
1here any la" provide that information or any other matter hall be authenticated by affiFing the
ignature or any document hall be igned or bear the ignature of any peron then, not"ithtanding
anything contained in uch la", uch reHuirement hall be deemed to have been atified, if uch
information or matter i authenticated by mean of digital ignature affiFed in uch manner a may be
precribed by the 'entral $overnment.
(Fplanation#;or the purpoe of thi ection !igned!, "ith the grammatical variation and cognate
eFpreion, hall, "ith reference to a peron, mean affiFing of hi hand "ritten or any mar, on any
document and the eFpreion !ignature! hall be contrued accordingly.
8% 3e o) e!ectronic recor( an( (i,ita! i,nat+re in Go-ern'ent an( it a,encie
D1E 1here any la" provide for#
DaE the filing of any form, application or any other document "ith any office, authority, body or agency
o"ned or controlled by the appropriate $overnment in a particular manner:
DbE the iue or grant of any licence, permit, anction or approval by "hatever name called in a
particular manner:
DcE the receipt or payment of money in a particular manner,
then, not"ithtanding anything contained in any other la" for the time being in force, uch
reHuirement hall be deemed to have been atified if uch filing, iue, grant, receipt or payment, a
the cae may be, i effected by mean of uch electronic form a may be precribed by the
appropriate $overnment.
D2E 9he appropriate $overnment may, for the purpoe of ub#ection D1E, by rule, precribe#
DaE the manner and format in "hich uch electronic record hall be filed, created or iued:
DbE the manner or method of payment of any fee or charge for filing, creation or iue any electronic
record under claue DaE.
9% Retention o) e!ectronic recor(
D1E 1here any la" provide that document, record or information hall be retained for any pecific
period, then that reHuirement hall be deemed to have been atified if uch document, record or
information are retained in the electronic form, if#
DaE the information contained therein remain acceible o a to be uable for a ubeHuent
reference:
DbE the electronic record i retained in the format in "hich it "a originally generated, ent or received
or in a format "hich can be demontrated to repreent accurately the information originally generated,
ent or received:
DcE the detail "hich "ill facilitate the identification of the origin, detination, date and time of depatch
or receipt of uch electronic record are available in the electronic record=
&rovided that thi claue doe not apply to any information "hich i automatically generated olely for
the purpoe of enabling an electronic record to be depatched or received.
D2E Nothing in thi ection hall apply to any la" that eFprely provide for the retention of
document, record or information in the form of electronic record.
:% "+1!ication o) r+!e, re,+!ation, etc%, in E!ectronic Ga2ette
1here any la" provide that any rule, regulation, order, bye#la", notification or any other matter hall
be publihed in the ?fficial $aGette, then, uch reHuirement hall be deemed to have been atified if
uch rule, regulation, order, bye#la", notification or any other matter i publihed in the ?fficial
$aGette or (lectronic $aGette =
&rovided that "here any rule, regulation, order, bye#la", notification or any other matter i publihed in
the ?fficial $aGette or (lectronic $aGette, the date of publication hall be deemed to be the date of
the $aGette "hich "a firt publihed in any form.
;% Section 8, 9, an( : not to con)er ri,ht to init (oc+'ent ho+!( 1e accepte( in e!ectronic
)or'
Nothing contained in ection 6, * and ) hall confer a right upon any peron to init that any
7initry or >epartment of the 'entral $overnment or the 4tate $overnment or any authority or body
etablihed by or under any la" or controlled or funded by the 'entral or 4tate $overnment hould
accept, iue, create, retain and preerve any document in the form of electronic record or effect any
monetary tranaction in the electronic form.
$0% "o/er to 'a0e r+!e 1. Centra! Go-ern'ent in repect o) (i,ita! i,nat+re
9he 'entral $overnment may, for the purpoe of thi Act, by rule, precribe#
DaE the type of digital ignature:
DbE the manner and format in "hich the digital ignature hall be affiFed:
DcE the manner or procedure "hich facilitate identification of the peron affiFing the digital ignature:
DdE control procee and procedure to enure adeHuate integrity, ecurity and confidentiality or
electronic record or payment: and
DeE any other matter "hich i neceary to give legal effect to digital ignature
CHA"TER I5
ATTRIB3TION, AC<NO=LEDGMENT AND DES"ATCH OF ELECTRONIC RECORDS
$$% Attri1+tion o) e!ectronic recor(
An electronic record hall be attributed to the originator#
DaE if it "a ent by the originator himelf:
DbE by a peron "ho had the authority to act on behalf of the originator in repect of that electronic
record: or
DcE by an information ytem programmed by or on behalf of the originator to operate automatically.
$2% Ac0no/!e(,e'ent o) receipt
D1E 1here the originator ha not agreed "ith the addreee that the ac,no"ledgement of receipt of
electronic record be given in a particular form or by a particular method, an ac,no"ledgment may be
given by#
DaE any communication by the addreee, automated or other"ie: or
DbE any conduct of the addreee, ufficient to indicate to the originator that the electronic record ha
been received.
D2E 1here the originator ha tipulated that the electronic record hall be binding only on receipt of an
ac,no"ledgment or uch electronic record by him, then unle ac,no"ledgment ha been o
received, the electronic record hall be deemed to have been never ent by the originator.
D/E 1here the originator ha not tipulated that the electronic record hall be binding only on receipt of
uch ac,no"ledgment, and the ac,no"ledgment ha not been received by the originator "ithin the
time pecified or agreed or, if no time ha been pecified or agreed to "ithin a reaonable time, then
the originator may give notice to the addreee ating that no ac,no"ledgment ha been received by
him and pecifying reaonable time by "hich the ac,no"ledgment mut be received by him and if no
ac,no"ledgment i received "ithin the aforeaid time limit he may after giving notice to the
addreee, treat the electronic record a though it ha never been ent.
$4% Ti'e an( p!ace o) (epatch an( receipt o) e!ectronic recor(
D1E 4ave a other"ie agreed to bet"een the originator and the addreee, the depatch of an
electronic record occur "hen it enter a computer reource outide the control of the originator.
D2E 4ave a other"ie agreed bet"een the originator and the addreee, the time of receipt of an
electronic record hall be determined a follo", namely =#
DaE if the addreee ha deignated a computer reource for the purpoe of receiving electronic
record,#
DiE receipt occur at the time "hen the electronic record enter the deignated computer reource: or
DiiE if the electronic record i ent to a computer reource of the addreee that i not the deignated
computer reource, receipt occur at the time "hen the electronic record i retrieved by the
addreee:
DbE if the addreee ha not deignated a computer reource along "ith pecified timing, if any,
receipt occur "hen the electronic record enter the computer reource of the addreee.
D/E 4ave a other"ie agreed to bet"een the originator and the addreee, an electronic record i
deemed to be depatched at the place "here the originator ha hi place of buine, and i deemed
to be received at the place "here the addreee ha hi place of buine.
D0E 9he proviion of ub#ection D2E hall apply not"ithtanding that the place "here the computer
reource i located may be different from the place "here the electronic record i deemed to have
been received under ub#ection D/E
D5E ;or the purpoe of thi ection,#
DaE if the originator or the addreee ha more than one place of buine, the principal place of
buine, hall be the place of buine,
DbE if the originator or the addreee doe not have a place of buine, hi uual place of reidence
hall be the place of buine:
DcE !uual place of reidence!, in relation to a body corporate, mean the place "here it i regitered.
CHA"TER 5
SEC3RE ELECTRONIC RECORDS AND SEC3RE DIGITAL SIGNAT3RES
$6% Sec+re e!ectronic recor(
1here any ecurity procedure ha been applied to an electronic record at a pecific point of time,
then uch record hall be deemed to be a ecure electronic record from uch point of time to the time
of verification.
$7% Sec+re (i,ita! i,nat+re
%f, by application of a ecurity procedure agreed to by the partie concerned, it can be verified that a
digital ignature, at the time it "a affiFed, "a#
DaE uniHue to the ubcriber affiFing it:
DbE capable of identifying uch ubcriber:
DcE created in a manner or uing a mean under the eFcluive control of the ubcriber and i lin,ed to
the electronic record to "hich it relate in uch a manner that if the electronic record "a altered the
digital ignature "ould be invalidated.
then uch digital ignature hall be deemed to be a ecure digital ignature.
$8% Sec+rit. proce(+re
9he 'entral $overnment hall for the purpoe of thi Act precribe the ecurity procedure having
regard to commercial circumtance prevailing at the time "hen the procedure "a ued, including#
DaE the nature of the tranaction:
DbE the level of ophitication of the partie "ith reference to their technological capacity:
DcE the volume of imilar tranaction engaged in by other partie:
DdE the availability of alternative offered to but reIected by any party:
DeE the cot of alternative procedure: and
DfE the procedure in general ue for imilar type of tranaction or communication
CHA"TER 5I # REG3LATION CERTIFYING A3THORITIES
$9% Appoint'ent o) Contro!!er an( other o))icer
D1E 9he 'entral $overnment may, by notification in the ?fficial $aGette, appoint a 'ontroller of
'ertifying Authoritie for the purpoe of thi Act and may alo by the ame or ubeHuent notification
appoint uch of >eputy 'ontroller and Aitant 'ontroller a it deem fit.
D2E 9he 'ontroller hall dicharge hi function under thi Act ubIect to the general control and
direction of the 'entral $overnment.
D/E 9he >eputy 'ontroller and Aitant 'ontroller hall perform the function aigned to them by
the 'ontroller under the general uperintendence and control of the 'ontroller.
D0E 9he Hualification, eFperience and term and condition of ervice of 'ontroller, >eputy
'ontroller and Aitant 'ontroller hall be uch a may be precribed by the 'entral $overnment.
D5E 9he Bead ?ffice and +ranch ?ffice of the office of the 'ontroller hall be at uch place a the
'entral $overnment may pecify, and thee may be etablihed at uch place a the 'entral
$overnment may thin, fit.
D6E 9here hall be a eal of the ?ffice of the 'ontroller.
$:% F+nction o) Contro!!er
9he 'ontroller may perform all or any of the follo"ing function, namely=#
DaE eFerciing uperviion over the activitie of the 'ertifying function, namely =#
DbE certifying public ,ey of the 'ertifying Authoritie:
DcE laying do"n the tandard to be maintained by the 'ertifying Authoritie:
DdE pecifying the Hualification and eFperience "hich employee of the 'ertifying Authority hould
poe:
DeE pecifying the condition ubIect to "hich the 'ertifying Authoritie hall conduct their buine:
DfE pecifying the content of "ritten, printed or viual material and advertiement that may be
ditributed or ued in repect of a >igital 4ignature 'ertificate and the public ,ey:
DgE pecifying the form and content of a >igital 4ignature 'ertificate and the ,ey:
DhE pecifying the form and manner in "hich account hall be maintained by the 'ertifying
Authoritie:
DiE pecifying the term and condition ubIect to "hich auditor may be appointed and the
remuneration to be paid to them:
DIE facilitating the etablihment of any electronic ytem by a 'ertifying Authority either olely or
Iointly "ith other 'ertifying Authoritie and regulation of uch ytem:
D,E pecifying the manner in "hich the 'ertifying Authoritie hall conduct their dealing "ith the
ubcriber:
DlE reolving any conflict of interet bet"een the 'ertifying Authoritie and the ubcriber:
DmE laying do"n the dutie of the 'ertifying Authoritie:
DnE maintaining a data bae containing the dicloure record of every 'ertifying Authority containing
uch particular a may be pecified by regulation, "hich hall be acceible to public.
$;% Reco,nition o) )orei,n Certi).in, A+thoritie
D1E 4ubIect to uch condition and retriction a may be pecified by regulation, the 'ontroller may
"ith the previou approval of the 'entral $overnment, and by notification in the ?fficial $aGette,
recognie any foreign 'ertifying Authority a a 'ertifying Authority for the purpoe of thi Act.
D2E 1here any 'ertifying Authority i recognied under ub#ection D1E, the >igital 4ignature
'ertificate iued by uch 'ertifying Authority hall be valid for the purpoe of thi Act.
D/E 9he 'ontroller may, if he i atified that the 'ertifying Authority ha contravened any of the
condition and retriction ubIect to "hich it "a granted recognition under ub#ection D1E he may,
for reaon to be recorded in "riting in the ?fficial $aGette, revo,e uch recognition.
20% Contro!!er to act a repoitor.
D1E 9he 'ontroller hall be the repoitory of all >igital 4ignature 'ertificate iued under thi Act.
D2E 9he 'ontroller hall#
DaE ma,e ue of hard"are, oft"are and procedure that are ecure from intruion and miue:
DbE oberve uch other tandard a may be precribed by the 'entral $overnment,
to enure that the ecrecy and ecurity of the digital ignature are aured.
D/E 9he 'ontroller hall maintain a computeried data bae of all public ,ey in uch a manner that
uch data bae and the public ,ey are available to any member of the public.
2$% Licence to i+e Di,ita! Si,nat+re Certi)icate
D1E 4ubIect to the proviion of ub#ection D2E, any peron may ma,e an application, to the 'ontroller,
for a licence to iue >igital 4ignature 'ertificate.
D2E No licence hall be iued under ub#ection D1E, unle the applicant fulfill uch reHuirement
"ith repect to Hualification, eFpertie, manpo"er, financial reource and other infratructure
facilitie, "hich are neceary to iue >igital ignature 'ertificate a may be precribed by the
'entral $overnment.
D/E A licence granted under thi ection hall#
DaE be valid for uch period a may be precribed by the 'entral $overnment:
DbE not be tranferable or heritable:
DcE be ubIect to uch term and condition a may be pecified by the regulation.
22% App!ication )or !icence
D1E (very application for iue of a licence hall be in uch form a may be precribed by the 'entral
$overnment.
D2E (very application for iue of a licence hall be accompanied by#
DaE a certification practice tatement:
DbE a tatement including the procedure "ith repect to identification of the applicant:
DcE payment of uch fee, not eFceeding t"enty#five thouand rupee a may be precribed by the
'entral $overnment:
DdE uch other document, a may be precribed by the 'entral $overnment.
24% Rene/a! o) !icence
An application for rene"al of a licence hall be#
DaE in uch form:
DbE accompanied by uch fee, not eFceeding five thouand rupee,
a may be precribed by the 'entral $overnment and hall be made not le than forty#five day
before the date of eFpiry of the period of validity of the licence.
26% "roce(+re )or ,rant or re*ection o) !icence
9he 'ontroller may, on receipt of an application under ub#ection D1E of ection 21, after conidering
the document accompanying the application and uch other factor, a he deem fit, grant the
licence or reIect the application=
&rovided that no application hall be reIected under thi ection unle the applicant ha been given a
reaonable opportunity of preenting hi cae.
27% S+penion o) !icence
D1E 9he 'ontroller may, if he i atified after ma,ing uch inHuiry, a he may thin, fit, that a 'ertifying
Authority ha,#
DaE made a tatement in, or in relation to, the application for the iue or rene"al of the licence, "hich
i incorrect or fale in material particular:
DbE failed to comply "ith the term and condition ubIect to "hich the licence "a granted:
DcE failed to maintain the tandard pecified under claue DbE of ub#ection D2E of ection 20:
DdE contravened any proviion of thi Act, rule, regulation or order made thereunder,
revo,e the licence =
&rovided that no licence hall be revo,ed unle the 'ertifying Authority ha been given a reaonable
opportunity of ho"ing caue againt the propoed revocation.
D2E 9he 'ontroller may, if he ha reaonable caue to believe that there i any ground for revo,ing a
licence under ub#ection D1E, by order upend uch licence pending the completion of any inHuiry
ordered by him =
&rovided that no licence hall be upended for a period eFceeding ten day unle the 'ertifying
Authority ha been given a reaonable opportunity of ho"ing caue againt the propoed
upenion.
D/E No certifying Authority "hoe licence ha been upended hall iue any >igital 4ignature
'ertificate during uch upenion.
28% Notice o) +penion or re-ocation o) !icence
D1E 1here the licence of the 'ertifying Authority i upended or revo,ed, the 'ontroller hall publih
notice of uch upenion or revocation, a the cae may be, in the data bae maintained by him.
D2E 1here one or more repoitorie are pecified, the 'ontroller hall publih notice of uch
upenion or revocation, a the cae may be, in all uch repoitorie=
&rovided that the data bae containing the notice of uch upenion or revocation, a the cae may
be, hall be made available through a "eb ite hall be acceible round the cloc, =
&rovided further that the 'ontroller may, if he conider neceary, publicie the content of data
bae in uch electronic or other media, a he may conider appropriate.
29% "o/er to (e!e,ate
9he 'ontroller may, in "riting, authorie the >eputy 'ontroller, Aitant 'ontroller or any officer to
eFercie any of the po"er of the 'ontroller under thi 'hapter.
2:% "o/er to in-eti,ate contra-ention
D1E 9he 'ontroller or any officer authoried by him in thi behalf hall ta,e up for invetigation any
contravention of the proviion of thi Act, rule or regulation made thereunder.
D2E 9he 'ontroller or any officer authoried by him in thi behalf hall eFercie the li,e po"er "hich
are conferred on %ncome#taF authoritie under 'hapter C%%% of the %ncome#taF Act, 1961 and hall
eFercie uch po"er, ubIect to uch limitation laid do"n under that Act.
2;% Acce to co'p+ter an( (ata
D1E 1ithout preIudice to the proviion of ub#ection D1E of ection 69, the 'ontroller or any peron
authoried by him hall, if he ha reaonable caue to upect that nay contravention of the
proviion of thi Act, rule or regulation made thereunder ha been committed, have acce to any
computer ytem, any apparatu, data or any other material connected "ith uch ytem, for the
purpoe of earching or cauing a earch to be made for obtaining any information or data contained
in or available to uch computer ytem.
D2E ;or the purpoe of ub#ection D1E, the 'ontroller or any peron authoried by him may, by order,
direct any peron incharge of, or other"ie concerned "ith the operation of, the computer ytem,
data apparatu or material, to provide him "ith uch reaonable technical and other aitance a he
may conider neceary.
40% Certi).in, A+thorit. to )o!!o/ certain proce(+re
(very 'ertifying Authority hall,#
DaE ma,e ue of hard"are, oft"are and procedure that are ecure from intruion and miue:
DbE provide a reaonable level of reliability in it ervice "hich are reaonably uited to the
performance of intended function:
DcE adhere to ecurity procedure to enure that the ecrecy and privacy of the digital ignature are
aured: and
DdE oberve uch other tandard a may be pecified by regulation.
4$% Certi).in, A+thorit. to en+re co'p!iance o) the Act, etc%
(very 'ertifying Authority hall enure that every peron employed or other"ie engaged by it
complie, in the coure of hi employment or engagement, "ith the proviion of thi Act, rule,
regulation and order made thereunder.
42% Dip!a. o) !icence
(very 'ertifying Authority hall diplay it licence at a conpicuou place of the premie in "hich it
carrie on it buine.
44% S+rren(er o) !icence
D1E (very 'ertifying Authority "hoe licence i upended or revo,ed hall immediately after uch
upenion or revocation, urrender the licence to the 'ontroller.
D2E 1here any 'ertifying Authority fail to urrender a licence under ub#ection D1E, the peron in
"hoe favour a licence i iued, hall be guilty of an offence and hall be punihed "ith
imprionment "hich may eFtend up to iF month or a fine "hich may eFtend up to ten thouand
rupee or "ith both.
46% Dic!o+re
D1E (very 'ertifying Authority hall dicloe in the manner pecified by regulation#
DaE it >igital 4ignature 'ertificate "hich contain the public ,ey correponding to the private ,ey ued
by that 'ertifying Authority to digitally ign another >igital 4ignature 'ertificate:
DbE any certification practice tatement relevant thereto:
DcE notice of the revocation or upenion of it 'ertifying Authority certificate, if any: and
DdE any other fact that materially and adverely affect either the reliability of a >igital 4ignature
'ertificate, "hich that Authority ha iued, or the Authority- ability to perform it ervice.
D2E 1here in the opinion of the 'ertifying Authority any event ha occurred or any ituation ha arien
"hich may materially and adverely affect the integrity of it computer ytem or the condition
ubIect to "hich a >igital 4ignature 'ertificate "a granted, then, the 'ertifying Authority hall#
DaE ue reaonable effort to notify any peron "ho i li,ely to be affected by that occurrence: or
DbE act in accordance "ith the procedure pecified in it certification practice tatement to deal "ith
uch event or ituation.
CHA"TER 5II # DIGITAL SIGNAT3RE CERTIFICATES
47% Certi).in, A+thorit. to i+e Di,ita! Si,nat+re Certi)icate
D1E Any peron may ma,e an application to the 'ertifying Authority for the iue of a >igital 4ignature
'ertificate in uch form a may be precribed by the 'entral $overnment.
D2E (very uch application hall be accompanied by uch fee not eFceeding t"enty#five thouand
rupee a may be precribed by the 'entral $overnment, to be paid to the 'ertifying Authority =
&rovided that "hile precribing fee under ub#ection D2E different fee may be precribed for
different clae of application:
D/E (very uch application hall be accompanied by a certification practice tatement or "here there i
no uch tatement, a tatement containing uch particular, a may be pecified by regulation.
D0E ?n receipt of an application under ub#ection D1E, the 'ertifying Authority may, after conideration
of the 'ertification practice tatement or the other tatement under ub#ection D/E and after ma,ing
uch enHuirie a it may deem fit, grant the >igital 4ignature 'ertificate or for reaon to be recorded
in "riting, reIect the application =
&rovided that no >igital 'ertificate hall be granted unle the 'ertifying Authority i atified that#
DaE the application hold the private ,ey correponding to the public ,ey to be lited in the >igital
4ignature 'ertificate:
DbE the applicant hold a private ,ey, "hich i capable of creating a digital ignature:
DcE the public ,ey to be lited in the certificate can be ued to verify a digital ignature affiFed by the
private ,ey held by the applicant =
&rovided further that no application hall be reIected unle the applicant ha been given a
reaonable opportunity of ho"ing caue againt the propoed reIection.
48% Repreentation +pon i+ance o) Di,ita! Si,nat+re Certi)icate
A 'ertifying Authority "hile iuing a >igital 4ignature 'ertificate hall certify that#
DaE it ha complied "ith the proviion of thi Act and the rule and regulation made thereunder:
DbE it ha publihed the >igital 4ignature 'ertificate or other"ie made it available to uch peron
relying on it and the ubcriber ha accepted it:
DcE the ubcriber hold the private ,ey correponding to the public ,ey, lited in the >igital 4ignature
'ertificate:
DdE the ubcriber- public ,ey and private ,ey contitute a functioning ,ey pair:
DeE the information contained in the >igital 4ignature 'ertificate i accurate: and
DfE it ha no ,no"ledge of any material fact, "hich if it had been included in the >igital 4ignature
'ertificate "ould adverely affect the reliability of the repreentation made in claue DaE to DdE.
49% S+penion o) Di,ita! Si,nat+re Certi)icate
D1E 4ubIect to the proviion of ub#ection D2E, the 'ertifying Authority "hich ha iued a >igital
4ignature 'ertificate may upend uch >igital 4ignature 'ertificate,#
DaE on receipt of a reHuet to that effect from#
DiE the ubcriber lited in the >igital 4ignature 'ertificate: or
DiiE any peron duly authoried to act on behalf of that ubcriber:
DbE if it i of opinion that the >igital 4ignature 'ertificate hould be upended in public interet.
D2E A >igital 4ignature 'ertificate hall not be upended for a period eFceeding fifteen day unle
the ubcriber ha been given an opportunity of being heard in the matter.
D/E ?n upenion of a >igital 4ignature 'ertificate under thi ection, the 'ertifying Authority hall
communicate the ame to the ubcriber.
4:% Re-ocation o) Di,ita! Si,nat+re Certi)icate
D1E A 'ertifying Authority may revo,e a >igital 4ignature 'ertificate iue by it#
DaE "here the ubcriber or any other peron authoried by him ma,e a reHuet to that effect: or
DbE upon the death of the ubcriber: or
DcE upon the diolution of the firm or "inding up of the company "here the ubcriber i a firm or a
company.
D2E 4ubIect to the proviion of ub#ection D/E and "ithout preIudice to the proviion of ub#ection
D1E, a 'ertifying Authority may revo,e a >igital 4ignature 'ertificate "hich ha been iued by it at
any time, if it i of opinion that#
DaE a material fact repreented in the >igital 4ignature 'ertificate i fale or ha been concealed:
DbE a reHuirement for iuance of the >igital 4ignature 'ertificate "a not atified:
DcE the 'ertifying Authority- private ,ey or ecurity ytem "a compromied in a manner materially
affecting the >igital 4ignature 'ertificate- reliability:
DdE the ubcriber ha been declared inolvent or dead or "here a ubcriber i a firm or a company,
"hich ha been diolved, "ound#up or other"ie ceaed to eFit.
D/E A >igital 4ignature 'ertificate hall not be revo,ed unle the ubcriber ha been given an
opportunity of being heard in the matter.
D0E ?n revocation of a >igital 4ignature 'ertificate under thi ection, the 'ertifying Authority hall
communication the ame to the ubcriber.
4;% Notice o) +penion or re-ocation
D1E 1here a >igital 4ignature 'ertificate i upended or revo,ed under ection /* or ection /), the
'ertifying Authority hall publih a notice of uch upenion or revocation, a the cae may be, in the
repoitory pecified in the >igital 4ignature 'ertificate for publication of uch notice.
D2E 1here one or more repoitorie are pecified, the 'ertifying Authority hall publih notice of uch
upenion or revocation, a the cae may be, in all uch repoitorie.
CHA"TER 5III # D3TIES OF S3BSCRIBERS
60% Generatin, 0e. pair
1here any >igital 4ignature 'ertificate, the public ,ey of "hich correpond to the private ,ey of that
ubcriber "hich i to be lited in the >igital 4ignature 'ertificate ha been accepted by a ubcriber,
then, the ubcriber hall generate the ,ey pair by applying the ecurity procedure.
6$% Acceptance o) Di,ita! Si,nat+re Certi)icate
D1E A ubcriber hall be deemed to have accepted a >igital 4ignature 'ertificate if he publihe or
authorie the publication of a >igital 4ignature 'ertificate#
DaE to one or more peron:
DbE in a repoitory, or
other"ie demontrate hi approval of the >igital 4ignature 'ertificate in any manner,
D2E +y accepting a >igital 4ignature the ubcriber certifie to all "ho reaonable rely on the
information contained in the >igital 4ignature 'ertificate that#
DaE the ubcriber hold the private ,ey correponding to the public ,ey lited in the >igital 4ignature
'ertificate and i entitled to hold the ame:
DbE all repreentation made by the ubcriber to the 'ertifying Authority and all material relevant to
the information contained in the >igital 4ignature 'ertificate are true.:
DcE all information in the >igital 4ignature 'ertificate that i "ithin the ,no"ledge of the ubcriber i
true.
62 Contro! o) pri-ate 0e.
D1E (very ubcriber hall eFercie hall eFercie reaonable care to retain control of the private ,ey
correponding to the public ,ey lited in hi >igital 4ignature 'ertificate and ta,e all tep to prevent
it dicloure to a peron not authoried to affiF the digital ignature of the ubcriber.
D2E %f the private ,ey correponding to the public ,ey lited in the >igital 4ignature 'ertificate ha been
compromied, then, the ubcriber hall communicate the ame "ithout and delay to the 'ertifying
Authority in uch manner a may be pecified by the regulation.
(Fplanation# ;or the removal of doubt, it i hereby declared that the ubcriber hall be liable to till
he ha informed the 'ertifying Authority that the private ,ey ha been compromied
CHA"TER I> # "ENALTIES AND AD?3DICATION
64% "ena!t. o) (a'a,e o) co'p+ter, co'p+ter .te', etc%
%f any peron "ithout permiion of the o"ner or any other peron "ho i incharge of a computer,
computer or computer net"or,,#
DaE accee or ecure acce to uch computer, computer ytem or computer net"or,:
DbE do"nload, copie or eFtract any data, computer data bae or information from uch computer,
computer ytem or computer net"or, including information or data held or tored in any removable
torage medium:
DcE introduce or caue to be introduced any computer contaminant or computer viru into any
computer, computer ytem or computer net"or,:
DdE damage or caue to be damaged any computer, computer ytem or computer net"or,, data,
computer data bae or other programme reiding in uch computer, computer ytem or computer
net"or,:
DeE dirupt or caue diruption of any computer, computer ytem or computer net"or,:
DfE denie or caue the denial of acce to any peron authoried to acce any computer, or
computer net"or, by any mean :
DgE provide any aitance to any peron to facilitate acce to a computer, computer ytem or
computer net"or, in contravention of the proviion of thi Act, rule or regulation made thereunder :
DhE charge the ervice availed of by a peron to the account of another peron by tampering "ith or
manipulating any computer, computer ytem, or computer net"or,,
he hall be liable to pay damage by "ay of compenation not eFceeding one crore rupee to the
peron o affected.
(Fplanation.# ;or the purpoe of thi ection,#
DiE !computer contaminant! mean any et of computer intruction that are deigned#
DaE to modify, detroy, record, tranmit data or programme reiding "ithin a computer, computer
ytem or computer net"or,: or
DbE by any mean to uurp the normal operation of the computer, computer ytem, or computer
net"or,:
DiiE !computer data bae! mean a repreentation of information, ,no"ledge, fact, concept or
intruction in teFt, image, audio video that are being prepared or have been prepared in a formalied
manner or have been produced by a computer, computer ytem or computer net"or, and are
intended for ue in a computer, computer ytem or computer net"or,:
DiiiE !computer viru! mean any computer intruction, information, data or programme that detroy,
damage, degrade or adverely affect the performance of a computer reource or attache itelf to
another computer reource and operate "hen a programme, data or intruction i eFecuted ome
other event ta,e place in that computer reource:
DivE !damage ! mean to detroy, alter, delete, add, modify or rearrange any computer reource by any
mean.
66% "ena!t. )or )ai!+re to )+rnih in)or'ation, ret+rn, etc%
%f any peron "ho i reHuired under thi Act or any rule or regulation made thereunder to#
DaE furnih any document, return or report to the 'ontroller or the 'ertifying Authority fail to furnih
the ame, he hall be liable to a penalty not eFceeding one la,h and fifty thouand rupee for each
uch failure:
DbE file any return or furnih any information, boo, or other document "ithin the time pecified
therefor in the regulation fail to file return or furnih the ame "ithin the time pecified therefor in the
regulation, he hall be liable to a penalty not eFceeding five thouand rupee for every day during
"hich uch failure continue:
DcE maintain boo, of account or record, fail to maintain the ame, he hall be liable to a penalty not
eFceeding ten thouand rupee for every day during "hich the failure continue.
67% Rei(+ar. pena!t.
1hoever contravene any rule or regulation made under thi Act, for the contravention of "hich no
penalty ha been eparately provided, hall be liable to pay a compenation not eFceeding t"enty#five
thouand rupee to the peron affected by uch contravention or a penalty not eFceeding t"enty#five
thouand rupee.
68% "o/er to a(*+(icate
D1E ;or the purpoe of adIudging under thi 'hapter "hether any peron ha committed a
contravention of any of the proviion of thi Act or of any rule, regulation, direction or order made
thereunder the 'entral $overnment hall, ubIect to the proviion of ub#ection D/E, appoint any
officer not belo" the ran, of a >irector to the $overnment of %ndia or an eHuivalent officer of a 4tate
$overnment to be an adIudicating officer for holding an inHuiry in the manner precribed by the
'entral $overnment.
D2E 9he adIudicating officer hall, after giving the peron referred to in ub#ection D1E a reaonable
opportunity for ma,ing repreentation in the matter and if, on uch inHuiry, he i atified that the
peron ha committed the contravention, he may impoe uch penalty or a"ard uch compenation
a he thin, fit in accordance "ith the proviion of that ection.
D/E No peron hall be appointed a an adIudicating officer unle he poee uch eFperience in
the field of %nformation 9echnology and legal or Iudicial eFperience a may be precribed by the
'entral $overnment.
D0E 1here more than one adIudicating officer are appointed, the 'entral $overnment hall pecify by
order the matter and place "ith repect to "hich uch officer hall eFercie their Iuridiction.
D5E (very adIudicating officer hall have the po"er of a civil court "hich are conferred on the 'yber
Appellate 9ribunal under ub#ection D2E of ection 5), and#
DaE all proceeding before it hall be deemed to be Iudicial proceeding "ithin the meaning of ection
19/ and 22) of the %ndian &enal 'ode:
DbE hall be deemed to be a civil court for the purpoe of ection /05 and .06 of the 'ode of 'riminal
&rocedure, 19*/.
69% Factor to 1e ta0en into acco+nt 1. the a(*+(icatin, o))icer
1hile adIudging the Huantum of compenation under thi 'hapter, the adIudicating officer hall have
due regard to the follo"ing factor, namely =#
DaE the amount of gain of unfair advantage, "herever Huantifiable, made a a reult of the default:
DbE the amount of lo caued to any peron a a reult of the default:
DcE the repetitive nature of the default.
CHA"TER > # THE CYBER REG3LATIONS A""ELLATE TRIB3NAL
6:% Eta1!ih'ent o) C.1er Appe!!ate Tri1+na!
D1E 9he 'entral $overnment hall, by notification, etablih one or more appellate tribunal to be
,no"n a the 'yber .egulation Appellate 9ribunal.
D2E 9he 'entral $overnment hall alo pecify, in the notification referred to in ub#ection D1E, the
matter and place in relation to "hich the 'yber Appellate 9ribunal may eFercie Iuridiction.
6;% Co'poition o) C.1er Appe!!ate Tri1+na!
A 'yber Appellate 9ribunal hall conit of one peron only Dhereinafter referred to a the &reiding
?fficer of the 'yber Appellate 9ribunalE to be appointed, by notification, by the 'entral $overnment.
70% @+a!i)ication )or appoint'ent a "rei(in, O))icer o) the C.1er Appe!!ate Tri1+na!
A peron hall not be Hualified for appointment a the &reiding ?fficer of a 'yber Appellate 9ribunal
unle he#
DaE i, or ha been, or i Hualified to be, a Judge of a Bigh 'ourt: or
DbE i or ha been a member of the %ndian 8egal 4ervice and i holding or ha held a pot in $rade % of
that 4ervice for at leat three year.
7$% Ter' o) o))icer
9he &reiding ?fficer of a 'yber Appellate hall hold office for a term of five year from the date on
"hich he enter upon hi office or until he attain the age of iFty#five year, "hichever i earlier.
52. 4alary, allo"ance and other term and condition of ervice of &reiding ?fficer
9he alary and allo"ance payable to, and the other term and condition of ervice including
penion, gratuity and other retirement benefit of, the &reiding ?fficer or a 'yber Appellate 9ribunal
hall be uch a may be precribed=
&rovided that neither the alary and allo"ance nor the other term and condition of ervice of the
&reiding ?fficer hall be varied to hi diadvantage after appointment.
74% Fi!!in, +p o) -acancie
%f, for reaon other than temporary abence, any vacancy occur in the office of the &reiding ?fficer
of a 'yber Appellate 9ribunal, then the 'entral $overnment hall appointment another peron in
accordance "ith the proviion of thi Act to fill the vacancy and the proceeding may be continued
before the 'yber Appellate 9ribunal from the tage at "hich the vacancy i filled.
76% Rei,nation an( re'o-a!
D1E 9he &reiding ?fficer of a 'yber Appellate 9ribunal may, be notice in "riting under hi hand
addreed to the 'entral $overnment, reign hi office =
&rovided that the aid &reiding ?fficer hall, unle he i permitted by the 'entral $overnment to
relinHuih hi officer ooner, continue to hod office until eFpiry of three month from the date of receipt
of uch notice or until a peron duly appointed a hi ucceor enter upon hi office or until the
eFpiry of hi term of office, "hichever i the earliet.
D2E 9he &reiding ?fficer of a 'yber Appellate 9ribunal hall not be removed from hi officer eFcept by
an order by the 'entral $overnment on the ground of proved mibehaviour or incapacity after an
inHuiry made by a Judge of the 4upreme 'ourt in "hich the &reiding ?fficer concerned ha been
informed of the charge againt him and given a reaonable opportunity of being heard in repect of
thee charge.
D/E 9he 'entral $overnment may, be rule, regulate the procedure for the invetigation of
mibehaviour or incapacity of the aforeaid preiding ?fficer.
77% Or(er contit+tin, Appe!!ate Tri1+na! to 1e )ina! an( not to in-a!i(ate it procee(in,
No order of the 'entral $overnment appointing any peron a the &reiding ?fficer of a 'yber
Appellate 9ribunal hall be called in Huetion in any manner and no act or proceeding before a 'yber
Appellate 9ribunal hall be called in Huetion in any manner on the ground merely of any defect in the
contitution of a 'yber Appellate 9ribunal.
78% Sta)) o) the C.1er Appe!!ate Tri1+na!
D1E 9he 'entral $overnment hall provide the 'yber Appellate 9ribunal "ith uch officer and
employee a that $overnment may thin, fit.
D2E 9he officer and employee of the 'yber Appellate 9ribunal hall dicharge their function under
general uperintendence of the &reiding ?fficer.
D/E 9he alarie, allo"ance and other condition of ervice of the officer and employee of the
'yber Appellate 9ribunal hall be uch a may be precribed by the 'entral $overnment.
79% Appea! to C.1er Appe!!ate Tri1+na!
D1E 4ave a provided in ub#ection D2E, any peron aggrieved by an order made by 'ontroller or an
adIudicating officer under thi Act may prefer an appeal to a 'yber Appellate 9ribunal Iuridiction in
the matter.
D2E No appeal hall lie to the 'yber Appellate 9ribunal from an order made by an adIudicating officer
"ith the conent of the partie.
D/E (very appeal under ub#ection D1E hall be filed "ithin a period of forty#five day from the date on
"hich a copy of the order made by the 'ontroller or the adIudicating officer i received by the peron
aggrieved and it hall be in uch form and be accompanied by uch fee a may be precribed =
&rovided that the 'yber Appellate 9ribunal may entertain an appeal after the eFpiry of the aid period
of forty#five day if it i atified that there "a ufficient caue for not filing it "ithin that period.
D0E ?n receipt of an appeal under ub#ection D1E, the 'yber Appellate 9ribunal may, after giving the
partie to the appeal, an opportunity of being heard, pa uch order thereon a it thin, fit,
confirming, modifying or etting aide the order appealed againt.
D5E 9he 'yber Appellate 9ribunal hall end a copy or every order made by it to the partie to the
appeal and to the concerned 'ontroller or adIudicating officer.
D6E 9he appeal filed before the 'yber Appellate 9ribunal under ub#ection D1E hall be dealt "ith by it
a eFpeditiouly a poible and endeavour hall be made by it to dipoe of the appeal finally "ithin
iF month from the date of receipt of the appeal.
7:% "roce(+re an( po/er o) the C.1er Appe!!ate Tri1+na!
D1E 9he 'yber Appellate 9ribunal hall not be bound by the procedure laid do"n by the 'ode of 'ivil
&rocedure, 190) but hall be guided by the principle of natural Iutice and, ubIect to the other
proviion of thi Act and of any rule, the 'yber Appellate 9ribunal hall have po"er to regulate it
o"n procedure including the place at "hich it hall have it itting.
D2E 9he 'yber Appellate 9ribunal hall have, for the purpoe of dicharging it function under thi
Act, the ame po"er a are veted in a civil court under the 'ode of 'ivil &rocedure, 190), "hile
trying a uit, in repect of the follo"ing matter, namely = #
DaE ummoning and enforcing the attendance of any peron and eFamining him on oath:
DbE reHuiring the dicovery and production of document or other electronic record:
DcE receiving evidence on affidavit:
DdE iuing commiion for the eFamination of "itnee of document:
DeE revie"ing it deciion:
DfE dimiing an application for default or deciding it eF parte:
DgE any other matter "hich may be precribed.
D/E (very proceeding before the 'yber Appellate 9ribunal hall be deemed to be a Iudicial proceeding
"ithin the meaning of ection 19/ and 22), and for the purpoe of ection 196 of the %ndian &enal
'ode and the 'yber Appellate 9ribunal hall be deemed to be a civil court for the purpoe of ection
195 and 'hapter CC@% of the 'ode of 'riminal &rocedure, 19*/.
7;% Ri,ht to !e,a! repreentation
9he appellant may either appear in peron or authorie one or more legal practitioner or any of it
officer to preent hi or it cae before the 'yber Appellate 9ribunal.
80% Li'itation
9he proviion of the 8imitation Act, 196/, hall, a far a may be, apply to an appeal made to the
'yber Appellate 9ribunal.
8$% Ci-i! co+rt not to ha-e *+ri(iction
No court hall have Iuridiction to entertain any uit or proceeding in repect of any matter "hich an
adIudicating officer appointed under thi Act or the 'yber Appellate 9ribunal contituted under thi Act
i empo"ered by or under thi Act to determine and no inIunction hall be granted by any court or
other authority in repect of any action ta,en or to be ta,en in puruance of any po"er conferred by or
under thi Act.
82% Appea! to Hi,h Co+rt
Any peron aggrieved by any deciion or order of the 'yber Appellate 9ribunal may file an appeal to
the Bigh 'ourt "ithin iFty day from the date of communication of the deciion or order of the 'yber
Appellate 9ribunal to him on any Huetion of fact or la" ariing out of uch order =
&rovided that the Bigh 'ourt may, if it i atified that the appellant "a prevented by ufficient caue
from filing the appeal "ithin the aid period, allo" it to be filed "ithin a further period not eFceeding
iFty day.
84% Co'po+n(in, o) contra-ention
D1E Any contravention under thi 'hapter may, either before or after the intitution of adIudication
proceeding, be compounded by the 'ontroller or uch other officer a may be pecially authoried
by him in thi behalf or by the adIudicating officer, a the cae may be, ubIect to uch condition a
the 'ontroller or uch other officer or the adIudicating officer may pecify =
&rovided that uch um hall not, in any cae, eFceed the maFimum amount of the penalty "hich may
be impoed under thi Act for the contravention o compounded.
D2E Nothing in ub#ection D1E hall apply to a peron "ho commit the ame or imilar contravention
"ithin a period of three year from the date on "hich the firt contravention, committed by him, "a
compounded.
(Fplanation# ;or the purpoe of thi ub#ection, any econd or ubeHuent contravention committed
after the eFpiry of a period of three year from the date on "hich the contravention "a previouly
compounded hall be deemed to be a firt contravention.
D/E 1here any contravention ha been compounded under ub#ection D1E, no proceeding of further
proceeding, a the cae may be, hall be ta,en againt the peron guilty of uch contravention in
repect of the contravention o compounded.
86% Reco-er. o) pena!t.
A penalty impoed under thi Act, if it i pad, hall be recovered a an arrear or land revenue and the
licence or the >igital 4ignature 'ertificate, a the cae may be, hall be upended till the penalty i
paid.
CHA"TER >I# OFFENCES
87% Ta'perin, /ith co'p+ter o+rce (oc+'ent
1hoever ,no"ing or intentionally conceal, detroy or alter or intentionally or ,no"ingly caue
another to conceal, detroy or alter any computer ource code ued for a computer, computer
&rogramme, computer ytem or computer net"or,, "hen the computer ource code i reHuired to be
,ept or maintained by la" for the being time in force, hall be punihable "ith imprionment up to
three year, or "ith fine "hich may eFtend up to t"o la,h rupee, or "ith both.
(Fplanation.# ;or the &urpoe of thi ection, !computer ource code! mean the liting of
programme, computer command, deign and layout and &rogramme analyi of computer reource
in any form..
88% Hac0in, /ith co'p+ter .te'
D1E 1hoever "ith the intent to caue or ,no"ing that he i li,ely to caue "rongful lo r damage to
the public or any peron detroy or delete or alter any information reiding in a computer reource
or diminihe it value or utility or affect it inIuriouly by any mean, commit hac,ing.
D2E 1hoever commit hac,ing hall be punihed "ith imprionment up to three year, or "ith fine
"hich may eFtend up to t"o la,h rupee, or "ith both.
89% "+1!ihin, o) in)or'ation /hich i o1cene in e!ectronic )or'
1hoever publihe or tranmit or caue to be publihed in the electronic form, any material "hich i
laciviou or appeal to the prurient interet or if it effect i uch a to tend to deprave and corrupt
peron "ho are li,ely, having regard to all relevant circumtance, to read ee or hear the matter
contained or embodied in it, hall be punihed on firt conviction "ith imprionment of either
decription for a term "hich may eFtend to five year and "ith fine "hich may eFtend to one la,h
rupee and in the event of a econd or ubeHuent conviction "ith imprionment of either decription
for a term "hich may eFtend to ten year and alo "ith fine "hich may eFtend to t"o la,h rupee.
8:% "o/er o) Contro!!er to ,i-e (irection
D1E 9he 'ontroller may, by order, direct a 'ertifying Authority or any employee of uch Authority to
ta,e uch meaure or ceae carrying on uch activitie a pecified in the order if thoe are
neceary to enure compliance "ith the proviion of thi Act, rule or any regulation made
thereunder.
D2E Any peron "ho fail to comply "ith any order under ub#ection D1E hall be guilty of an offence
and hall be liable on conviction to imprionment for a term not eFceeding three year or to a fine not
eFceeding t"o la,h rupee or to both.
8;% Direction o) Contro!!er to a +1cri1er to e&ten( )aci!itate to (ecr.pt in)or'ation
D1E %f the 'ontroller i atified that it i neceary or eFpedient o to do in the interet of the
overeignty or integrity of %ndia, the ecurity of the 4tate, friendly relation "ith foreign 4tate or public
order or for preventing incitement to the commiion of any cogniGable offence: for reaon to be
recorded in "riting, by order, direct any agency of the $overnment to intercept any information
tranmitted through any computer reource.
D2E 9he ubcriber or any peron incharge of the computer reource hall, "hen called upon by any
agency "hich ha been directed under ub#ection D1E, eFtend all facilitie and technical aitance to
decrypt the information.
D/E 9he ubcriber or any peron "ho fail to ait the agency referred to in ub#ection D2E hall be
punihed "ith an imprionment for a term "hich may eFtend to even year.
90% "rotecte( .te'
D1E 9he appropriate $overnment may, by notification in the ?fficial $aGette, declare that any
computer, computer ytem or computer net"or, to be a protected ytem.
D2E 9he appropriate $overnment may, by order in "riting, authorie the peron "ho are authoried to
a acce protected ytem notified under ub#ection D1E.
D/E Any peron "ho ecure acce or attempt to ecure acce to a protected ytem in
contravention of the proviion of thi ection hall be punihed "ith imprionment of either decription
for a term "hich may eFtend to ten year and hall alo be liable to fine.
9$% "ena!t. )or 'irepreentation
D1E 1hoever ma,e any mirepreentation to, or uppree any material fact from, the 'ontroller or
the 'ertifying Authority for obtaining any licene or >igital 4ignature 'ertificate, a the cae may be,
hall be punihed "ith imprionment for a term "hich may eFtend to t"o year, or "hich fine "hich
may eFtend to one la,h rupee, or "ith both.
92% "ena!t. )or 1reach o) con)i(entia!it. an( pri-ac.
4ave a other"ie provide in thi Act or any other la" for the time being in force, any peron "ho, in
puruance of any of the po"er conferred under thi Act, rule or regulation made thereunder, ha
ecured ae to any electronic record, boo,, regiter, correpondence, information, document or
other material "ithout the conent of the peron concerned dicloe uch material to any other
peron hall be punihed "ith imprionment for a term "hich may eFtend to t"o year, or "ith fine
"hich may eFtend to one la,h rupee, or "ith both.
94% "ena!t. )or p+1!ihin, Di,ita! Si,nat+re Certi)icate )a!e in certain partic+!ar
D1E No peron hall publih a >igital 4ignature 'ertificate or other"ie ma,e it available to any other
peron "ith the ,no"ledge that#
DaE the 'ertifying Authority lited in the certificate ha not iued it: or
DbE the ubcriber lited in the certificate ha not accepted it: or
DcE the certificate ha been revo,ed or upended,
unle uch publication i for the purpoe of verifying a digital ignature created prior to uch
upenion or revocation.
D2E Any peron "ho contravene the proviion of ub#ection D1E hall be punihed "ith
imprionment for a term "hich may eFtend to t"o year, or "ith fine "hich may eFtend to one la,h
rupee, or "ith both.
96% "+1!ication )or )ra+(+!ent p+rpoe
1hoever ,no"ingly create, publihe or other"ie ma,e available a >igital 4ignature 'ertificate for
any fraudulent or unla"ful purpoe hall be punihed "ith imprionment for a term "hich may eFtend
to t"o year, or "ith fine "hich eFtend to one la,h rupee, or "ith both.
97% Act to app!. )or o))ence or contra-ention co''itte( o+ti(e In(ia
D1E 4ubIect to the proviion of ub#ection D2E, the proviion of thi Act hall apply alo to any
offence or contravention committed outide %ndia by any peron irrepective of hi nationality.
D2E ;or the purpoe of ub#ection D1E, thi Act hall apply to an offence or contravention committed
outide %ndia by any peron if the act or conduct contituting the offence or contravention involve a
computer, computer ytem or computer net"or, located in %ndia.
98% Con)ication
Any computer, computer ytem, floppie, compact di,, tape drive or any other acceorie related
thereto, in repect of "hich any proviion of thi Act, rule, order or regulation made thereunder
ha been or i being contravened, hall be liable to confication =
&rovided that "here it i etablihed to the atifaction of the court adIudicating the confication that
the peron in "hoe poeion, po"er or control of any uch computer, computer ytem, floppie,
compact di,, tape drive or any other acceorie relating thereto i found i not reponible for the
contravention of the proviion of thi Act, rule order or regulation made thereunder, the court may,
intead of ma,ing an order for confication of uch computer, computer ytem, floppie, compact
di,, tape drive or any other acceorie related thereto, ma,e uch other order authoried by thi
Act againt the peron contravening of the proviion of thi Act, rule, order or regulation made
thereunder a it may thin, fit.
99% "ena!tie or con)ication not to inter)ere /ith other p+nih'ent
No penalty impoed or confication made under thi Act hall prevent the impoition of any other
punihment to "hich the peron affected thereby i liable under any other la" for the time being in
force.
9:% "o/er to in-eti,ate o))ence
Not"ithtanding anything contained in the 'ode of 'riminal &rocedure, 19*/, a police officer not
belo" the ran, of >eputy 4uperintendent of &olice hall invetigate any offence under thi Act.
CHA"TER >II
NET=OR< SER5ICE "RO5IDERS NOT BE LIABLE IN CERTAIN CASES%
9;% Net/or0 er-ice pro-i(er not to 1e !ia1!e in certain cae
;or the removal of doubt, it i hereby declared that no peron providing an ervice a a net"or,
ervice provider hall be liable under thi Act, rule or regulation made thereunder for any third party
information or data made available by him if he prove that the offence or contravention "a
committed "ithout hi ,no"ledge or that he had eFercied all due diligence to prevent the commiion
of uch offence or contravention.
(Fplanation.# ;or the purpoe of thi ection,#
DaE !net"or, ervice provider! mean an intermediary:
DbE !third party information! mean any information dealt "ith by a net"or, ervice provider in hi
capacity a an intermediary:
BAC< NE>T
CHA"TER >III # MISCELLANEO3S
:0% "o/er o) po!ice o))icer an( other o))icer to enter, earch, etc%
D1E Not"ithtanding anything contained in the 'ode of 'riminal &rocedure, 19*/, any police officer,
not belo" the ran, of a >eputy 4uperintendent of &olice, or any other officer of the 'entral
$overnment or a 4tate $overnment authoried by the 'entral $overnment in thi behalf may enter
any public place and earch and arret "ithout "arrant any peron found therein "ho i reaonably
upected or having committed or of committing or of being about to commit any offence under thi
Act.
(Fplanation.# ;or the purpoe of thi ub#ection, the eFpreion !public place! include any public
conveyance, any hotel, any hop or any other place intended for ue by, or acceible to the public.
D2E 1here any peron i arreted under ub#ection D1E by an officer other than a police officer, uch
officer hall, "ithout unneceary delay, ta,e or end the peron arreted before a magitrate having
Iuridiction in the cae or before the officer#in#charge of a police tation.
D/E 9he proviion of the 'ode of 'riminal &rocedure, 19*/ hall, ubIect to the proviion of thi
ection, apply, o far a may be, in relation to any entry, earch or arret, made under thi ection.
:$% Act to ha-e o-erri(in, e))ect
9he proviion of thi Act hall have effect not"ithtanding anything inconitent there"ith contained
in any other la" for the time in force.
:2% Contro!!er Dep+t. Contro!!er an( Aitant Contro!!er to 1. p+1ic er-ant
9he &reiding ?fficer and other officer and employee of a 'yber Appellate 9ribunal, the 'ontroller,
the >eputy 'ontroller and the Aitant 'ontroller hall be deemed to be public ervant "ithin the
meaning of ection 21 of the %ndian &enal 'ode.
:4% "o/er to ,i-e (irection
9he 'entral $overnment may give direction to any 4tate $overnment a to the carrying into
eFecution in the 4tate of any of the proviion of thi Act or of any rule, regulation or order made
thereunder.
:6% "rotection o) action ta0en in ,oo( )aith
No uit, proecution or other legal proceeding hall lie againt the 'entral $overnment, the 4tate
$overnment, the 'ontroller or any peron acting on behalf of him, the &reiding ?fficer, adIudicating
officer and the taff of the 'yber Appellate 9ribunal for anything "hich i in good faith done or
intended to be done in puruance of thi Act or any rule, regulation or order made thereunder.
:7% O))ence 1. co'panie
D1E 1here a peron committing a contravention of any of the proviion of thi Act or of any rule,
direction or order made thereunder i a company, every peron "ho, at the time the contravention
"a committed, "a in charge of, and "a reponible to, the company for the conduct of buine of
the company a "ell a the company, hall be guilty of the contravention and hall be liable to be
proceeded againt and punihed accordingly=
&rovided that nothing contained in thi ub#ection hall render any uch peron liable to punihment
if he prove that contravention too, place "ithout hi ,no"ledge or that he eFercied all due diligence
to prevent uch contravention.
D2E Not"ithtanding anything contained in ub#ection D1E, "here a contravention of any of the
proviion of thi Act or of any rule, direction or order made thereunder ha been committed by a
company and it i proved that the contravention ha ta,en place "ith the conent or connivance of, or
i attributable to any neglect on the part of, any director, manager, ecretary or other officer of the
company, uch director, manager, ecretary or other officer hall alo be deemed to be guilty of the
contravention and hall be liable to be proceeded againt and punihed accordingly.
(Fplanation.# ;or the purpoe of thi ection.#
DiE !company! mean any body corporate and include a firm or other aociation of individual: and
DiiE !director! in relation to a firm, mean a partner in the firm.
:8% Re'o-a! o) (i))ic+!tie
D1E %f any difficulty arie in giving effect to proviion of thi Act, the 'entral $overnment may, by
order publihed in the ?fficial $aGette, ma,e uch proviion not inconitent "ith the proviion of
thi Act a appear to it to be neceary or eFpedient for removing the difficulty =
&rovided that no order hall be made under thi ection after the eFpiry of a period of t"o year from
the commencement of thi Act.
D2E (very order made under thi ection hall be laid, a oon a may be after it i made, before each
Boue of &arliament.
)*. &o"er of 'entral $overnment to ma,e rule
D1E 9he 'entral $overnment may, by notification in the ?fficial $aGette and in the (lectronic $aGette
ma,e rule to carry out the proviion of thi Act.
D2E %n particular, and "ithout preIudice to the generality of the foregoing po"er, uch rule any provide
for all or any of the follo"ing matter, namely =#
DaE the manner in "hich any information or matter may be authenticated by mean of digital ignature
under ection 5:
DbE the electronic form in "hich filing, iue, grant or payment hall be effected under ub#ection D1E
of ection 6:
DcE the manner and format in "hich electronic record hall be filed, or iued and the method of
payment under ub#ection D2E of ection 6:
DdE the matter relating to the type of digital ignature, manner and format in "hich it may be affiFed
under ection 10:
DeE the ecurity procedure for the purpoe of creating ecure electronic record and ecure digital
ignature under ection 16:
DfE the Hualification, eFperience and term and condition of ervice of 'ontroller, >eputy 'ontroller
and Aitant 'ontroller under ection 1*:
DgE other tandard to the oberved by the 'ontroller under claue DbE of ub#ection D2E of ection 20:
DhE the reHuirement "hich an applicant mut fulfil under ub#ection D2E of ection 21:
DiE the period of validity of licence granted under claue DaE of ub#ection D/E of ection 21:
DIE the form in "hich an application for licence may be made under ub#ection D1E of ection 22:
D,E the amount of fee payable under claue DcE of ub#ection D2E of ection 22:
DlE uch other document "hich hall accompany an application for licence under claue DdE of ub#
ection D2E of ection 22:
DmE the form and the fee for rene"al of a licence and the fee payable thereof under ection 2/:
DnE the form in "hich application for iue of a >igital 4ignature 'ertificate may be made under ub#
ection D1E of ection /5:
DoE the fee to be paid to the 'ertifying Authority for iue of a >igital 4ignature 'ertificate under ub#
ection D2E of ection /5:
DpE the manner in the adIudicating officer hall hold inHuiry under ub#ection D1E of ection 06:
DHE the Hualification and eFperience "hich the adIudicating officer hall poe under ub#ection D/E
of ection 06:
DrE the alary, allo"ance and the other term and condition of ervice of the &reiding ?fficer under
ection 52:
DE the procedure for invetigation of mibehaviour or incapacity of the &reiding officer under ub#
ection D/E of ection 50:
DtE the alary and allo"ance and other condition of ervice of other officer and employee under ub#
ection D/E of ection 56:
DuE the form in "hich appeal may be filed and the fee thereof ub#ection D/E of ection 5*:
DvE any other po"er of a civil court reHuired to be precribed under claue DgE of ub#ection D2E of
ection 5): and
D"E any other matter "hich i reHuired to be, or may be, precribed.
D/E (very notification made by the 'entral $overnment under claue DfE of ub#ection D0E of ection 1
and every rule made by it hall be laid, a oon a may be after if i made, before each Boue of
&arliament, "hile it i in eion, for a total period of thirty day "hich may be compried in one
eion or in t"o or more ucceive eion, and if, before the eFpiry of the eion immediately
follo"ing the eion or the ucceive eion aforeaid, both Boue agree in ma,ing any
modification in the notification or the rule or both Boue agree that the notification or the rule hould
not be made, the notification or the rule hall thereafter have effect only in uch modified form or be of
no effect, a the cae may be: o, ho"ever, that any uch modification or annulment hall be "ithout
preIudice to the validity of anything previouly done under that notification or rule.
::% Contit+tion o) A(-ior. Co''ittee
D1E 9he 'entral $overnment hall, a oon a may be after the commencement of thi Act, contitute
a 'ommittee called the 'yber .egulation Adviory 'ommittee.
D2E 9he 'yber .egulation Adviory 'ommittee hall conit of a 'hairperon and uch number of
other official and non#official member repreenting the interet principally affected or having pecial
,no"ledge of the ubIect#matter a the 'entral $overnment may deem fit.
D/E 9he 'yber .egulation Adviory 'ommittee hall advie#
DaE the 'entral $overnment either generally a regard any rule or for any other purpoe connected
"ith thi Act:
DbE the controller in framing the regulation under thi Act.
D0E 9here hall be paid to the non#official member of uch 'ommittee uch travelling and other
allo"ance a the 'entral $overnment may fiF.
:;% "o/er o) Contro!!er to 'a0e re,+!ation
D1E 9he 'ontroller may, after conultation "ith the 'yber .egulation Adviory 'ommittee and "ith the
previou approval of the 'entral $overnment, by notification in the ?fficial $aGette, ma,e regulation
conitent "ith thi Act and the rule made thereunder to carry out the purpoe of thi Act.
D2E %n particular, and "ithout preIudice to the generality of the foregoing po"er, uch regulation may
provide for all or any of the follo"ing matter, namely =#
DaE the particular relating to maintenance of data#bae containing the dicloure record of every
'ertifying Authority under claue DmE of ection 1):
DbE the condition and retriction ubIect to "hich the 'ontroller may recognie any foreign 'ertifying
Authority under ub#ection D1E of ection 19:
DcE the term and condition ubIect to "hich a licence may be granted under claue DcE of ub#ection
D/E of ection 21:
DdE other tandard to be oberved by a 'ertifying Authority under claue DdE of ection /0:
DeE the manner in "hich the 'ertifying Authority hall dicloe the matter pecified in ub#ection D1E
of ection /0:
DfE the particular of tatement "hich hall accompany an application under ub#ection D/E of ection
/5:
DgE the manner in "hich the ubcriber hall communicate the compromie of private ,ey to the
certifying Authority under ub#ection D2E of ection 02.
D/E (very regulation made under thi Act hall be laid, a oon a may be after it i made, before each
Boue of &arliament, "hile it i in eion, for a total period of thirty day "hich may be compried in
one eion or in t"o or more ucceive eion, and if, before the eFpiry of the eion
immediately follo"ing the eion or the ucceive eion aforeaid, both Boue agree in ma,ing
any modification in the regulation or both Boue agree that the regulation hould not be made, the
regulation hall thereafter have effect only in uch modified form or be of no effect, a the cae may
be: o, ho"ever, that any uch modification or annulment hall "ithout preIudice to the validity of
anything previouly done under that regulation.
;0% "o/er o) State Go-ern'ent to 'a0e r+!e
D1E 9he 4tate $overnment may, by notification in the ?fficial $aGette, ma,e rule to carry out the
proviion of thi Act.
D2E %n particular, and "ithout preIudice to the generality of the foregoing po"er, uch rule may provide
for all or any of the follo"ing matter, namely =#
DaE the electronic form in "hich filing, iue, grant receipt or payment hall be effected under ub#
ection D1E of ection 6:
DbE for matter pecified in ub#ection D2E of ection 6:
DcE any other matter "hich i reHuired to be provided by rule by the 4tate $overnment.
D/E (very rule made by the 4tate $overnment under thi ection hall be laid, a oon a may be
after it i made, before each Boue of the 4tate 8egilature "here it conit of t"o Boue, or "here
uch 8egilature conit of one Boue, before that Boue.
;$% A'en('ent o) Act 67 o) $:80
9he %ndian &enal 'ode hall be amendment in the manner pecified in the ;irt 4chedule to thi Act.
;2% A'en('ent o) Act $ o) $:92
9he %ndian (vidence Act, 1)*2 hall be amended in the manner pecified in the 4econd 4chedule to
thi Act.
;4% A'en('ent o) Act $: o) $:;$
9he +an,er- +oo, (vidence Act, 1)91 hall be amended in the manner pecified in the 9hird
4chedule to thi Act.
;6% A'en('ent o) Act 2 o) $;46
9he .eerve +an, of %ndia Act, 19/0 hall be amended in the manner pecified in the ;ourth
4chedule to thi Act.
THE FIRST SCHED3LE # AMENDMENT TO THE INDIAN "ENAL CODE
D4ee ection 91E
D05 ?; 1)60]
D1E After ection 29, the follo"ing ection hall be inerted, namely =#
!29A. 9he "ord !electronic record! hall have the meaning aigned to them in claue DtE of ub#
ection D1E of ection D1E of ection 2 of the %nformation 9echnology Act, 2000!.
2. %n ection 16*, for the "ord !uch public ervant, charged "ith the preparation or tranlation of
any document, frame or tranlate that document!, the "ord !uch public ervant, charged "ith the
preparation or tranlation of any document or electronic record, frame, prepare or tranlate that
document or electronic record! hall be ubtituted.
/. %n ection 1*2, for the "ord !produce a document in a 'ourt of Jutice! the "ord !produce a
document or an electronic record in a 'ourt of Jutice! hall be ubtituted.
0. %n ection 1*/, for the "ord !to produce a document in a court of Jutice! the "ord !to produce a
document or electronic record in a 'ourt of Jutice! hall be 4ubtituted.
5. %n ection 1*5, for the "ord !document! at the both the place "here it occur, the "ord
!document or electronic record! hall be ubtituted.
6. %n ection 192, for the "ord !ma,e any fale entry in any boo, or record, or ma,e any document
containing a fale tatement=, the "ord !ma,e any fale entry in any boo, or record, or electronic
record or ma,e any document or electronic record containing a fale tatement! hall be ubtituted.
*. %n ection 200, for the "ord !document! at both the place "here it occur, the "ord !document or
electronic record! hall be ubtituted
). %n ection 06/, for the "ord !1hoever ma,e any fale document or part of a document "ith
intent to caue damage or inIury!, the "ord !1hoever ma,e any fale document or fale electronic
record or part of a document or electronic record, "ith intent to caue damage or inIury! hall be
ubtituted.
9. %n ection 060,#
DaE for the portion beginning "ith the "ord ! A peron i aid to ma,e a fale document! and ending
"ith the "ord !by reaon of deception practied upon him, he doe not ,no" the content of the
document or the nature of the alteration!, the follo"ing hall be ubtituted, namely =#
!A peron i aid to ma,e a fale document or fale electronic record#
;irt# 1ho dihonetly or fraudulently#
DaE ma,e, ign, eal or eFecute a document or part of a document:
DbE ma,e or tranmit any electronic record or part of any electronic record:
DcE affiFe any digital ignature on any electronic record:
DdE ma,e any mar, denoting the eFecution of a document or the authenticity of the digital ignature,
"ith the intention of cauing it to be believed that uch document or part of document, electronic
record or digital ignature "a made, igned, ealed, eFecuted, tranmitted or affiFed by or by the
authority of a peron by "hom or by "hoe authority he ,no" that it "a not made, igned, ealed,
eFecuted or affiFed: or
4econdly# 1ho, "ithout la"ful authority, dihonetly or fraudulently, by cancellation or other"ie,
alter a document or an electronic record in any material cancellation or other"ie, alter a document
or an electronic record in any material part thereof, after it ha been made, eFecuted or affiFed "ith
digital ignature either by himelf or by any other peron, "hether uch peron by living or dead at the
time of uch alteration: or
9hirdly# 1ho dihonetly or fraudulently caue any peron to ign, eal, eFecute or alter a document
or an electronic record or to affiF hi digital ignature on any electronic record ,no"ing that uch
peron by reaon or unoundne of mind or intoFication cannot, or that by reaon of deception upon
him, he doe not ,no" the content of the document or electronic record or the nature of the
alteration.!:
DbE after (Fplanation 2, follo"ing (Fplanation hall be inerted at the end, namely =#
(Fplanation. /.# ;or the purpoe of thi ection, the eFpreion !affiFing digital ignature! hall have
the meaning aigned to it in claue DdE of ub#ection D1E of ection 2 of the %nformation 9echnology
Act, 2000.
10. %n ection 066,#
DaE for the "ord !1hoever forge a document!, the "ord ! 1hoever forge a document or an
electronic record! hall be ubtituted:
DbE the follo"ing (Fplanation hall be inerted at the end, namely:
(Fplanation# ;or the purpoe of thi ection, !regiter! include any lit, data or record of any entrie
maintained in the electronic form a defined in claue DrE of ub#ection D1E of ection 2 of the
%nformation 9echnology Act, 2000:
11. %n ection 06), for the "ord !document forged! the "ord !document or electronic record forged!
hall be ubtituted.
12. %n ection 069, for the "ord !intending that the document forged! the "ord !intending that the
document or electronic record forged! hall be ubtituted.
1/. %n ection 0*0, for the "ord !document! in both the place "here it occur, the "ord !document
or electronic record! hall be ubtituted.
10. %n ection 0*1, for the "ord !document! "herever it occur, the "ord !document or electronic
record! hall be ubtituted.
15. %n ection 0*0, for the portion beginning "ith the "ord !1hoever ha in hi poeion any
document! and ending "ith the "ord ! if the document i one of the decription mentioned in ection
066 of thi 'ode!, the follo"ing hall be ubtituted, namely =#
!1hoever ha in thi poeion any document or electronic record, ,no"ing the ame to be forged
and intending that the ame hall fraudulently or dihonetly by ued a a genuine, hall, if the
document or electronic record i one of the decription mentioned in ection 066 of thi 'ode.!.
16. %n ection 0*6, for the "ord !any document!, the "ord !any document or electronic record! hall
be ubtitute.
1*. %n ection 0**A, for the "ord !boo,, paper, "riting,! at both the place "here they occur, the
"ord !boo,, electronic record, paper, "riting! hall be ubtituted
THE SECOND SCHED3LE # AMENDMENTS TO THE INDIAN E5IDENCE ACT, $:92
D4ee ection 92E
[1 ?; 1)*2]
1. %n ection /,#
DaE in the definition of !(vidence!, for the "ord !all document produced for the inpection of the
'ourt!, the "ord !all document including electronic record produced for the inpection of the 'ourt!
hall be ubtituted:
DbE after the definition of !%ndia!, the follo"ing hall be inerted, namely =#
the eFpreion: !'ertifying Authority!, !digital ignature!, !>igital 4ignature 'ertificate!, !electronic
form!, !electronic record!. !%nformation!, !ecure electronic record!, !ecure digital ignature! and
!ubcriber! hall have the meaning repectively aigned to them in the %nformation 9echnology Act,
2000.:
2. %n ection 1*, for the "ord !oral or documentary!, the "ord !oral or documentary or contained in
electronic form! hall by ubtituted.
/. After ection 22, the follo"ing ection hall be inerted, namely =#
!22A. 1hen oral admiion a to content of electronic record are relevant.
?ral admiion a to the content of electronic record are not relevant, unle the genuinene of
the electronic record produced i in Huetion.!
0. %n ection /0 for the "ord !(ntrie in the boo, of account!, the "ord !(ntrie in the boo, of
account, including thoe maintained in an electronic form! hall be ubtituted.
5. %n ection /5, for the "ord !record! in both the place "here it occur, the "ord !record or an
electronic record! hall be ubtituted.
6. ;or ection /9, the follo"ing ection hall be ubtituted, namely =#
!/9. 1hat evidence to be given "hen tatement form part of a converation, document, electronic
record, boo, or erie of letter or paper.
1hen any tatement of "hich evidence i given form part of a longer tatement, or of a converation
or part of an iolated document, or i contained in a document "hich form part of a boo,, or i
contained in part of electronic record or of a connected erie of letter or paper, evidence hall be
given of o much and no more of the tatement, converation, document, electronic record, boo, or
erie of letter or paper a the 'ourt conider neceary in that particular cae to the full
undertanding of the nature and effect of the tatement, and of the circumtance under "hich it "a
made.!.
*. After ection 0*, the follo"ing ection hall be inerted, namely =#
!0*A.?pinion a to digital ignature "here relevant.
1hen the 'ourt ha to form an opinion a to the digital ignature or any peron, the opinion of the
'ertifying Authority "hich ha iued the >igital 4ignature 'ertificate i a relevant fact.!
). %n ection 59, for the "ord !content of document! the "ord !content of document or
electronic record! hall be ubtituted.
9. After ection 65, the follo"ing ection hall be inerted, namely=#
65A.pecial proviion a to evidence relating to electronic record.
9he content of electronic record may be proved in accordance "ith the proviion of ection 65+.
65+. Admiibility of electronic record.
D1E Not"ithtanding anything contained in thi Act, any information contained in an electronic record
"hich i printed on a paper, tored, recorded or copied in optical or magnetic media produced by a
computer Dhereinafter referred to a the computer outputE hall be deemed to be alo a document, if
the condition mentioned in thi ection are atified in relation to the information and computer in
Huetion and hall be admiible in any proceeding, "ithout further proof or production of the
original, a evidence of any content of the original or of any fact tated therein or "hich direct
evidence "ould be admiible.
D2E 9he condition referred to in ub#ection D1E in repect of a computer output hall be the follo"ing,
namely =#
DaE the computer output containing the information "a produced by the computer during the period
over "hich the computer "a ued regularly to tore or proce information for the purpoe of any
activitie regularly carried on over that period by the peron having la"ful control over the ue of the
computer:
DbE during the aid period, information of the ,ind contained in the electronic record or of the ,ind from
"hich the information o contained i derived "a regularly fed into the computer in the ordinary
coure of the aid activitie:
DcE throughout the materiel part of the aid period, the computer "a operating properly or, if not, then
in repect of any period in "hich it "a not operating properly or "a out of operation during that part
of the period, "a not uch a to affect the electronic record or the accuracy of it content: and
DdE the information contained in the electronic record reproduce or i derived from uch information
fed into the computer in the ordinary coure of the aid activitie.
D/E 1here over any period, the function of toring or proceing information for the purpoe of any
activitie of any regularly carried on over that period a mentioned in claue DaE of ub#ection D2E "a
regularly performed by computer, "hether#
DaE by a combination of computer operating over that period: or
DbE by different computer operating in ucceion over that period: or
DcE by different combination of computer operating in ucceion over that period: or
DdE in any other manner involving the ucceive operation over that period, in "hatever order, of one
or more computer and one or more combination of computer.
all the computer ued for that purpoe during that period hall be treated for the purpoe of thi
ection a contituting a ingle computer: and reference in thi ection to a computer hall be
contrued accordingly.
D0E %n any proceeding "here it i deired to give a tatement in evidence by virtue of thi ection, a
certificate doing any of the follo"ing thing, that i to ay,#
DaE identifying the electronic record containing the tatement and decribing the manner in "hich it
"a produced:
DbE giving uch particular of any device involved in the production of that electronic record a may be
appropriate for the purpoe of ho"ing that the electronic record "a produced by a computer:
DcE dealing "ith any of the matter to "hich the condition mentioned in ub#ection D2E relate,
and purporting to be igned by a peron occupying a reponible official poition in relation to the
operation of the relevant device or the management of the relevant activitie D"hichever i
appropriateE hall be evidence of any matter tated in the certificate: and for the purpoe of thi ub#
ection it hall be ufficient for a matter to be tated to the bet of the ,no"ledge and belief of the
peron tating it.
5. ;or the purpoe of thi ection,#
DaE information hall be ta,en to be upplied to a computer if it i upplied thereto in any appropriate
form and "hether it i o upplied directly or D"ith or "ithout human interventionE by mean of any
appropriate eHuipment:
DbE "hether in the coure of activitie carried on by any official, information i upplied "ith a vie" to
it being tored or proceed for the purpoe of thoe activitie by a computer operated other"ie
than in the coure of thoe activitie, that information, if duly upplied to that computer, hall be ta,en
to be upplied to it in the coure of thoe activitie:
DcE a computer output hall be ta,en to have been produced by a computer "hether it "a produced
by it directly or D"ith or "ithout human interventionE by mean of any appropriate eHuipment.
(Fplanation.# ;or the purpoe of thi ection any reference to information being derived from other
information hall be a reference to it being derived therefrom by calculation, comparion or any other
proce:
10. After ection 6*, the follo"ing ection hall be inerted, namely =#
!6*A. &roof a to digital ignature.
(Fcept in the cae of a ecure digital ignature, if the digital ignature of any ubcriber i alleged to
have been affiFed to an electronic record the fact that uch digital ignature i the digital ignature of
the ubcriber mut be proved:!
11. After ection */, the follo"ing ection hall be inerted, namely =#
!*/A. &roof a to verification of digital ignature.
%n order to acertain "hether a digital ignature i that of the peron by "hom it purport to have been
affiFed, the court may direct#
DaE that peron or the 'ontroller or the 'ertifying Authority to produce the >igital 4ignature 'ertificate:
DbE any other peron to apply the public ,ey lited in the >igital 4ignature 'ertificate and verify the
digital ignature purported to have been affiFed by the peron.
(Fplanation.# ;or the purpoe of thi ection !'ontroller! mean the 'ontroller appointed under ub#
ection D1E of ection 1* of the %nformation 9echnology Act, 2000.
12. After ection )1, the follo"ing ection hall be inerted, namely =#
!)1A. &reumption a to $aGette in electronic form.
9he 'ourt hall preume the genuinene of every electronic record purporting to be the ?fficial
$aGette, or purporting to be electronic record directed by any la" to be ,ept by any peron, if uch
electronic record i ,ept ubtantially in the form reHuired by la" and i produced from proper
cutody.!
1/. After ection )5, the follo"ing ection hall be inerted, namely=#
!)5A. &reumption a to electronic agreement.
9he 'ourt hall preume that every electronic record purporting to be an agreement containing the
digital ignature of the partie "a o concluded by affiFing the digital ignature of the partie.
)5+. &reumption a to electronic record and digital ignature.
D1E %n any proceeding involving a ecure electronic record, the 'ourt hall preume unle contrary i
proved, that the ecure electronic record ha not been altered ince the point of time to "hich the
ecure tatu relate.
D2E %n any proceeding, involving ecure digital ignature, the 'ourt hall preume unle the contrary
i proved that#
DaE the ecure digital ignature i affiFed by ubcriber "ith the intention of igning or approving the
electronic record:
DbE eFcept in the cae of a ecure electronic record or a ecure digital ignature, nothing in the ection
hall create any preumption relating to authenticity and integrity of the electronic record or any digital
ignature.
)5'. &reumption a to >igital 4ignature 'ertificate.
9he 'ourt hall preume, unle contrary i proved, that the information lited in a >igital 4ignature
'ertificate i correct, eFcept for information pecified a ubcriber information "hich ha not been
verified, if the certificate "a accepted by the ubcriber.!
10. After ection )), the follo"ing ection hall be inerted, namely =#
))A. &reumption a to electronic meage.
9he 'ourt may preume that an electronic meage for"arded by the originator through an electronic
mail erver to the addreee to "hom the meage purport to be addreed correpond "ith the
meage a fed into hi computer for tranmiion: but the 'ourt hall not ma,e any preumption a
to the peron by "hom uch meage "a ent.
(Fplanation.# ;or the purpoe of thi ection, the eFpreion !addreee! and !originator! hall
have the ame meaning repectively aigned to them in claue DbE and DGaE of ub#ection D1E of
ection 2 of the %nformation 9echnology Act, 2000:
15. After ection 90, the follo"ing ection hall be inerted, namely =#
!90A. &reumption a to electronic record five year old.
1here any electronic record, purporting or proved to be five year old, i produced from any cutody
"hich the 'ourt in the particular cae conider proper, the 'ourt may preume that the digital
ignature "hich purport to be the digital ignature of any particular "a o affiFed by him or any
peron authoried by him in thi behalf.
(Fplanation.# (lectronic record are aid to be in proper cutody if they are in the place in "hich, and
under the care of the peron "ith "hom, they naturally be: but no cutody i improper if it i proved to
have had a legitimate origin, or the circumtance of the particular cae are uch a to render uch an
origin probable.
9hi (Fplanation applie alo to ection )1A.!
16. ;or ection 1/1, the follo"ing ection hall be ubtituted, namely =#
!1/1. &roduction of document or electronic record "hich another peron, having poeion, could
refue to produce.
No one hall be compelled to produce document in hi poeion or electronic record under hi
control, "hich any other peron "ould be entitled to refue to produce if they "ere in hi poeion
or control, unle uch lat#mentioned peron conent to their production.!
THE THIRD SCHED3LE # AMENDMENTS TO THE BAN<ERSA BOO<S E5IDENCE ACT, $:;$
D4ee ection 9/E
[1) ?; 1)91]
1. %n ection 2#
DaE for claue D/E, the follo"ing claue hall be ubtitute namely =#
D/E !ban,er boo, ! include ledger, day#boo,, cah#boo,, account#boo, and all other boo, ued
in the ordinary buine of a ban, "hether ,ept in the "ritten form or a printout of data tored in a
floppy, dic, tape or any other form of electro#magnetic data torage device:
DbE for claue D)E, the follo"ing claue hall be ubtituted, namely =#
D)E !certified copy! mean "hen the boo, of a ban,,#
DaE are maintained in "ritten form, a copy of any entry in uch boo, together "ith a certificate "ritten
at the foot of uch copy that it i a true copy of uch entry, that uch entry i contained in one of the
ordinary boo, of the ban, and "a made in the uual and ordinary coure of buine and that uch
boo, i till in the cutody of the ban,, and "here the copy "a obtained by mechanical or other
proce "hich in itelf enured the accuracy of the copy, a further certificate to that effect, but "here
the boo, from "hich uch copy "a prepared ha been detroyed in the uual coure of the ban,-
buine after the date on "hich the copy ha been o prepared, a further certificate to that effect,
each uch certificate being dated and ubcribed by the principal accountant or manager of the ban,
"ith hi name and official title: and
DbE conit of printout of data tored in a floppy, dic, tape or any other electro#magnetic data
torage device, a printout of uch entry or a copy of uch printout together "ith uch tatement
certified in accordance "ith the proviion of ection 2A:
2. After ection 2, the follo"ing ection hall be inerted, namely =#
!2A. 'ondition in the printout.
A printout of entry or a copy of printout referred to in ub#ection D)E of ection 2 hall be accompanied
by the follo"ing, namely =#
DaE a certificate to the effect that it i a printout of uch entry or a copy of uch printout by the principal
accountant or branch manager : and
DbE a certificate by a peron in#charge of computer ytem containing a brief decription of the
computer ytem and the particular of#
DAE the afeguard adopted by the ytem to enure that data i entered or any other operation
performed only by authoried peron:
D+E the afeguard adopted to prevent and detect unauthoried change of data:
D'E the afeguard available to retrieve data that i lot due to ytemic failure or any other reaon:
D>E the manner in "hich data i tranferred from the ytem to removable media li,e floppie, dic,
tape or other electro#magnetic data torage device:
D(E the mode of verification in order to enure that data ha been accurately tranferred to uch
removable media:
D;E the mode of identification of uch data torage device:
D$E the arrangement for the torage and cutody of uch torage device:
DBE the afeguard to prevent and detect any tampering "ith the ytem: and
D%E any other factor "hich "ill vouch for the integrity and accuracy of the ytem.
DcE a further certificate from the peron in#charge of the computer ytem to the effect that to the bet
of hi ,no"ledge and behalf, uch computer ytem operated properly at the material time, he "a
provided "ith all the relevant data and the printout in Huetion repreent correctly, or i appropriately
derived from, the relevant data!.
THE FO3RTH SCHED3LE # AMENDMENT TO THE RESER5E BAN< OF INDIA ACT, $;46
D4ee ection 90E
[2 ?; 19/0]
%n the .eerve +an, of %ndia Act, 19/0, in ection 5), in ub#ection D2E, after claue DpE, the follo"ing
claue hall be inerted, namely =#
!DppE the regulation of fund tranfer through electronic mean bet"een the ban, or bet"een the
ban, and other financial intitution referred to in claue DcE of ection 05#%, including the laying do"n
of the condition ubIect to "hich ban, and other financial intitution hall participate in uch fund
tranfer, the manner of uch fund tranfer and the right and obligation of the participant in uch
fund tranfer. !
BAC<
The Information Technology Act, 2000: A Legal Framework for E-Governance
By
Aahit !hah
Trainee
!"#hir !hah $ Aociate
I%T&'()*TI'%
Connectivity via the Internet has greatly abridged geographical distances and made
communication even more rapid. While activities in this limitless new universe are
increasing incessantly, laws must be formulated to monitor these activities. Some
countries have been rather vigilant and formed some laws governing the net. In order to
keep pace with the changing generation, the Indian Parliament passed the much-awaited
Information echnology !I" #ct, $%%% !hereinafter referred to as &the #ct'". #s they say,
(It's better late than never(.
In this article, I have tried to summarise the basic and important provisions of the #ct.
)owever, even after it has been passed, a debate over certain controversial issues
continues. # large portion of the industrial community seems to be dissatisfied with
certain aspects of the #ct. *ut on the whole, it is a step in the right direction for India.
+I!T'&,
he +epartment of ,lectronics !+o," in -uly .//0 drafted the bill. )owever, it could only
be introduced in the )ouse on +ecember .1, ./// !after a gap of almost one and a half
years" when the new I 2inistry was formed. It underwent substantial alteration, with
the Commerce 2inistry making suggestions related to e-commerce and matters
pertaining to World rade 3rgani4ation !W3" obligations. he 2inistry of 5aw and
Company #ffairs then vetted this 6oint draft.
#fter its introduction in the )ouse, the bill was referred to the 7$-member Parliamentary
Standing Committee following demands from the 2embers. he Standing Committee
made several suggestions to be incorporated into the bill. )owever, only those
suggestions that were approved by the 2inistry of Information echnology were
incorporated. 3ne of the suggestions that was highly debated upon was that a cyber caf8
owner must maintain a register to record the names and addresses of all people visiting
his caf8 and also a list of the websites that they surfed. his suggestion was made as an
attempt to curb cyber crime and to facilitate speedy locating of a cyber criminal.
)owever, at the same time it was ridiculed, as it would invade upon a net surfer's privacy
and would not be economically viable. #s 2r. +ewang 2ehta, ,9ecutive +irector of the
:ational #ssociation of Software and Service !:#SSC32" said, (it would only result in
closing down of all cyber caf8s and ultimately deprive people of these facilities.( ;inally,
this suggestion was dropped by the I 2inistry in its final draft.
he <nion Cabinet approved the bill on 2ay .=, $%%% and both the houses of Parliament
finally passed it by 2ay .>, $%%%. he Presidential #ssent was finally received in the
third week of -une $%%%.
I-.'&TA%T .&'/I!I'%!
he #ct is arranged in .= Chapters comprising of /= Sections along with ;our Schedules.
.ream0le:
he Preamble to the #ct states that it aims at providing &legal recognition for transactions
carried out by means of electronic data interchange and other means of electronic
communication, commonly referred to as (electronic commerce(, which involve the use
of alternatives to paper-based methods of communication and storage of information and
aims at facilitating electronic filing of documents with the ?overnment agencies.
he ?eneral #ssembly of the <nited :ations had adopted the 2odel 5aw on ,lectronic
Commerce adopted by the <nited :ations Commission on International rade 5aw
!<:CI@#5" in its ?eneral #ssembly @esolution #A@,SAB.A.1$ dated -anuary =%, .//>.
he Indian #ct is in keeping with this resolution that recommended that member nations
of the <: enact and modify their laws according to the 2odel 5aw.
hus with the enactment of this #ct, Internet transactions will now be recognised, on-
line contracts will be enforceable and e-mails will be legally acknowledged. It will
tremendously augment domestic as well as international trade and commerce.
Legitimacy an# )e of (igital !ignat"re:
he #ct has adopted the Public Cey Infrastructure !PCI" for securing electronic
transactions. #s per Section $!."!p" of the #ct, a digital signature means an
authentication of any electronic record by a subscriber by means of an electronic method
or procedure in accordance with the other provisions of the #ct. hus a subscriber can
authenticate an electronic record by affi9ing his digital signature. # private key is used to
create a digital signature whereas a public key is used to verify the digital signature and
electronic record. hey both are uniDue for each subscriber and together form a
functioning key pair.
Section B provides that when any information or other matter needs to be authenticated
by the signature of a person, the same can be authenticated by means of the digital
signature affi9ed in a manner prescribed by the Central ?overnment. <nder Section .%,
the Central ?overnment has powers to make rules prescribing the type of digital
signature, the manner in which it shall be affi9ed, the procedure to identify the person
affi9ing the signature, the maintenance of integrity, security and confidentiality of
electronic records or payments and rules regarding any other appropriate matters.
;urthermore, these digital signatures are to be authenticated by Certifying #uthorities
!C#s" appointed under the #ct. hese authorities would inter alia, have the license to
issue +igital Signature Certificates !+SCs". he applicant must have a private key that
can create a digital signature. his private key and the public key listed on the +SC must
form the functioning key pair.
3nce the subscriber has accepted the +SC, he shall generate the key pair by applying
the security procedure. ,very subscriber is under an obligation to e9ercise reasonable
care and caution to retain control of the private key corresponding to the public key
listed in his +SC. he subscriber must take all precautions not to disclose the private key
to any third party. If however, the private key is compromised, he must communicate the
same to the Certifying #uthority !C#" without any delay.
1riting re2"irement:
Section 7 of the #ct states that when under any particular law, if any information is to be
provided in writing or typewritten or printed form, then notwithstanding that law, the
same information can be provided in electronic form which can also be accessed for any
future reference. his non-obstante provision will make it possible to enter into legally
binding contracts on-lineE
Attri0"tion, Acknowle#gement an# (i3atch of Electronic &ecor#:
Chapter IF of the #ct e9plicates the manner in which electronic records are to be
attributed, acknowledged and dispatched. hese provisions play a vital role while
entering into agreements electronically.
Section .. states that an electronic record shall be attributed to the originator as if it
was sent by him or by a person authorised on his behalf or by an information system
programmed to operated on behalf of the originator.
#s per Section .$, the addressee may acknowledge the receipt of the electronic record
either in a particular manner or form as desired by the originator and in the absence of
such reDuirement, by communication of the acknowledgement to the addresses or by
any conduct that would sufficiently constitute acknowledgement. :ormally if the
originator has stated that the electronic record will be binding only on receipt of the
acknowledgement, then unless such acknowledgement is received, the record is not
binding. )owever, if the acknowledgement is not received within the stipulated time
period or in the absence of the time period, within a reasonable time, the originator may
notify the addressee to send the acknowledgement, failing which the electronic record
will be treated as never been sent.
Section .= specifies that an electronic record is said to have been dispatched the
moment it leaves the computer resource of the originator and said to be received the
moment it enters the computer resource of the addressee.
)tility of electronic recor# an# #igital ignat"re in Government A"#it
Agencie:
#ccording to the provisions of the #ct, any forms or applications that have to be filed
with the appropriated ?overnment office or authorities can be filed or any licence, permit
or sanction can be issued by the ?overnment in an electronic form. Similarly, the receipt
or payment of money can also take place electronically.
2oreover, any documents or records that need to be retained for a specific period may
be retained in an electronic form provided the document or record is easily accessible in
the same format as it was generated, sent or received or in another format that
accurately represents the same information that was originally generated, sent or
received. he details of the origin, destination, date and time of the dispatch or receipt
of the record must also be available in the electronic record.
;urthermore, when any law, rule, regulation or byelaw has to be published in the 3fficial
?a4ette of the ?overnment, the same can be published in electronic form. If the same
are published in printed and electronic form, the date of such publication will be the date
on which it is first published.
)owever, the above mentioned provisions do not give a right to anybody to compel any
2inistry or +epartment of the ?overnment to use electronic means to accept, issue,
create, retain and preserve any document or e9ecute any monetary transaction.
:evertheless, if these electronic methods are utilised, the ?overnment will definitely
save a lot of money on paperE
&eg"lation of *ertifying A"thoritie 4*A5:
# C# is a person who has been granted a license to issue digital signature certificates.
hese C#s are to be supervised by the Controller of C#s appointed by the Central
?overnment. +eputy or #ssistant Controllers may also assist the Controller. he
Controller will normally regulate and monitor the activities of the C#s and lay down the
procedure of their conduct.
he Controller has the power to grant and renew licenses to applicants to issue +SCs
and at the same time has the power to even suspend such a license if the terms of the
license or the provisions of the #ct are breached. he C#s have to follow certain
prescribed rules and procedures and must comply with the provisions of the #ct.
I"ance, !"3enion an# &evocation of (igital !ignat"re *ertificate 4(!*5:
#s per Section =B, any interested person shall make an application to the C# for a +SC.
he application shall be accompanied by filing fees not e9ceeding @s. $B,%%% and a
certification practice statement or in the absence of such statement, any other statement
containing such particulars as may be prescribed by the regulations. #fter scrutinising
the application, the C# may either grant the +SC or re6ect the application furnishing
reasons in writing for the same.
While issuing the +SC, the C# must inter alia, ensure that the applicant holds a private
key which is capable of creating a digital signature and corresponds to the public key to
be listed on the +SC. *oth of them together should form a functioning key pair.
he C# also has the power to suspend the +SC in public interest on the reDuest of the
subscriber listed in the +SC or any person authorised on behalf of the subscriber.
)owever, the subscriber must be given an opportunity to be heard if the +SC is to be
suspended for a period e9ceeding fifteen days. he C# shall communicate the suspension
to the subscriber.
here are two cases in which the +SC can be revoked. ;irstly, as per Section =0 !.", it
may be revoked either on the reDuest or death of the subscriber or when the subscriber
is a firm or company, on the dissolution of the firm or winding up of the company.
Secondly, according to Section =0!$", the C# may suo moto revoke it if some material
fact in the +SC is false or has been concealed by the subscriber or the reDuirements for
issue of the +SC are not fulfilled or the subscriber has been declared insolvent or dead et
al.
# notice of suspension or revocation of the +SC must be published by the C# in a
repository specified in the +SC.
.enaltie for *om3"ter *rime:
#s per the #ct, civil liability and stringent criminal penalties may be imposed on any
person who causes damage to a computer or computer system. he offender would be
liable to pay compensation not e9ceeding @s. . Crore !.% million" for gaining
unauthorised access to a computer or computer system, damaging it, introducing a virus
in the system, denying access to an authorised person or assisting any person in any of
the above activities.
;urthermore, the #ct also defines specific penalties for violation of its provisions or of
any rules or regulations made thereunder. )owever, if any person contravenes any rules
or regulations framed under the #ct for which no specific penalty is prescribed, he will be
liable to pay compensation not e9ceeding @s. $B,%%%.
2oreover, any person who intentionally or knowingly tampers with computer source
documents would be penalised with imprisonment upto three years or a fine of upto @s.
$ lakhs or both. In simpler terminology, hacking is made punishable.
he #ct also disallows the publishing and dissemination of obscene information and
material. he introduction of this provision should curtail pornography over the net. #ny
person who disobeys this provision will be punishable with imprisonment of two years
and a fine of @s. $B,%%% for the first conviction. In the event of a subseDuent conviction,
the imprisonment is five years and the fine doubles to @s. B%,%%%.
he Controller has the power to issue directions for complying with the provisions of the
#ct. ;ailure to comply with his directions is punishable. 2oreover, the interference with
&protected systems' or the reluctance to assist a ?overnment #gency to intercept
information in order to protect state sovereignty and security is also made punishable.
he ad6udicating court also has the powers to confiscate any computer, computer
system, floppies, compact disks, tape drives or any accessories in relation to which any
provisions of the #ct are being violated. :o penalty or confiscation made under this #ct
will affect the imposition of any other punishment under any other law in force.
If penalties that are imposed under the #ct are not paid, they will be recovered as
arrears of land revenue and the licence or +SC shall be suspended till the penalty is
paid.
A#6"#icating 'fficer:
he Central ?overnment shall appoint an officer not below the rank of +irector to the
?overnment of India or eDuivalent officer of the State ?overnment as an ad6udicating
officer to ad6udicate upon any inDuiry in connection with the contravention of the #ct.
Such officer must have the legal and 6udicial e9perience as may be prescribed by the
Central ?overnment in that behalf.
he #d6udicating 3fficer must give the accused person an opportunity to be heard and
after being satisfied that he has violated the law, penalise him according to the
provisions of the #ct. While ad6udicating, he shall have certain powers of a Civil Court.
*y0er &eg"lation A33ellate Tri0"nal 4*&AT5:
# Cyber @egulations #ppellate ribunal !C@#" is to be set up for appeals from the order
of any ad6udicating officer. ,very appeal must be filed within a period of forty-five days
from the date on which the person aggrieved receives a copy of the order made by the
ad6udicating officer. he appeal must be the appropriate form and accompanied by the
prescribed fee. #n appeal may be allowed after the e9piry of forty-five days if &sufficient
cause' is shown.
he appeal filed before the Cyber #ppellate ribunal shall be dealt with by it as
e9peditiously as possible and endeavour shall be made by it to dispose of the appeal
finally within si9 months from the date of receipt of the appeal. he C@# shall also have
certain powers of a civil court.
#s per Section 1., no court shall have the 6urisdiction to entertain any matter that can
be decided by the ad6udicating officer or the C@#. )owever, a provision has been made
to appeal from the decision of the C@# to the )igh Court within si9ty days of the date of
communication of the order or decision of the C@#. he stipulated period may be
e9tended if sufficient cause is shown. he appeal may be made on either any Duestion of
law or Duestion of fact arising from the order.
.olice .ower:
# police officer not below the rank of deputy superintendent of police has the power to
enter any public place and arrest any person without a warrant if he believes that a
cyber crime has been or is about to be committed. his provision may not turn to be
very effective for the simple reason that most of the cyber crimes are committed from
private places such as one's own home or office. Cyber-caf8s and public places are rarely
used for cyber crimes. )owever, if the #ct did give the police department powers to enter
people's houses without search warrants, it would amount to an invasion of the right to
privacy and create pandemonium. Ceeping this in mind, the 5egislature has tried to
balance this provision so as to serve the ends of 6ustice and at the same time, avoid any
chaos.
3n being arrested, the accused person must, without any unnecessary delay, be taken or
sent to the magistrate having 6urisdiction or to the officer-in-charge of a police station.
he provisions of the Code of Criminal Procedure, ./>= shall apply in relation to any
entry, search or arrest made by the police officer.
%etwork !ervice .rovi#er not lia0le in certain cae:
o Duote Section >0, it statesG
(;or the removal of doubts, it is hereby declared that no person providing
any service as a network service provider shall be liable under this #ct,
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 e9ercised all due
diligence to prevent the commission of such offence or contravention.(
(,9planation.H;or the purposes of this section,H
!a" &network service provider' means an intermediaryI
!b" &third party information' means any information dealt with by a
network service provider in his capacity as an intermediary.(
hus a plain reading of the section indicates that if the network service provider is
unable to prove its innocence or ignorance, it will be held liable for the crime.
*y0er &eg"lation A#viory *ommittee 4*&A*5:
he #ct also provides that as soon as it is enacted and it comes into force, the Central
?overnment shall constitute the C@#C. he C@#C will assist the Central ?overnment as
well as the Controller of C#s to form rules and regulations consistent with the provisions
of the #ct. he Controller will notify these regulations in the 3fficial ?a4ette after
consultation with the C@#C and the Central ?overnment.
Amen#ment:
With the introduction of the I #ct certain amendments are to be carried out in the
Indian Penal Code, .01%, the Indian ,vidence #ct, .0>$, the *ankerJs *ook ,vidence
#ct, .0/. and the @eserve *ank of India #ct, ./=7. hese amendments will try and
make these e9isting codes Internet compatible.
LA*)%AE
#fter having discussed the important provisions of the #ct, attention should also be
drawn to some of its loopholes.
Ina33lica0ility:
he first and foremost setback is that the provisions of the #ct do not apply to the
followingG
a. a negotiable instrument as defined in Section .= of the :egotiable Instruments
#ct, .00.I
b. power of attorney as defined in Section .# of the Powers-of-#ttorney #ct, .00$I
c. a trust as defined in Section = of the Indian rusts #ct, .00$I
d. a will as defined in Section !h" of Section $ of the Indian Succession #ct, ./$B,
including any other testamentary disposition by whatever name calledI
e. any contract for the sale or conveyance of immovable property or any interest in
such property.
It is envisaged that the efficacy of the #ct may not be considerable owing to its
restrictive applicability.
(igital !ignat"re:
#ct deals only with PCI framework for authentication. It does not recogni4e any other
authentication procedure though the ambit of &legal record' is wide. his may cause
problems for m-commerce transactions that may not necessarily use the PCI system for
authentication and security purposes.
7"alification an# .ower of A#6"#icating 'fficer )nclear:
he #ct is unclear as to the Dualifications of an ad6udicating officer and the manner in
which he shall ad6udicate.
2oreover, though the statute is supposedly a &long arm statute', it does not indicate the
powers of the ad6udicating officers when a person commits a cyber crime or violates any
provisions of the law from outside India. Several practical difficulties may also arise in
importing the cyber criminal to India. he #ct does not lay down any provisions whereby
e9tradition treaties can be formed with countries where the cyber criminal is located.
herefore, the e9tra-territorial scope of the #ct may be difficult to achieve.
;urthermore, the powers to impose a penalty for a computer crime upto @s. . crore
offers a large discretion to ad6udicating officers and may turn out to be harmful.
.oi0le /iolation of F"n#amental &ight:
he provision that no order of the Central ?overnment appointing any person as the
presiding officer of a C@# shall be called into Duestion in any manner and no act or
procedure before a C@# shall be called into Duestion in any manner merely because
there is a defect in the constitution of the C@# may be violative of the fundamental
rights of citi4ens under the Constitution of India. his provision could be misused by the
Central ?overnment in an unfair and arbitrary manner. It is recommended that is
provision be modified so that the interests of the public at large are safeguarded.
-i"e of .olice .ower:
he search and arrest powers given to police officers are without any definite guidelines
and may be ill-used.
I!. Lia0ility - &e3oni0ility for *ontent &eg"lation not attri0"ta0le:
While Section >0 absolves a network service provider of its liability if it can prove its
ignorance and due diligence, it fails to specify as to who would be held liable for such
contravention in such an event. his provision will certainly cause problems when an
offence regarding third party information or provision of data is committed.
%o Intellect"al .ro3erty &ight .rotection G"arantee#:
@egulation of intellectual property rights, particularly copyright on the Internet is an
ever-growing problem. he #ct does not discuss the implications of any copyright
violations over the net. It has no provisions to penalise copyright infringers, commonly
known as (pirates( for their activities over the net. Internet piracy is a ma6or problem
has not been tackled by this #ct. :o amendments have been proposed to the Copyright
#ct of India.
*'%*L)!I'%
he I #ct is a comprehensive piece of legislation which aims at policing some of the
activities over the Internet. he fundamental approach of the #ct is towards validating
and legalising electronic and on-line transactions. *usiness transaction costs will be
curtailed and transaction volumes will grow manifold. Computer and Cyber Crimes will
hopefully be curbed and offenders will be strictly penalised. Policing these crimes is
e9tremely necessary. #t the same time the police officers who occupy large powers
under the I #ct must also be educated in computers and Internet. his would help them
in e9ecuting their powers effectively and efficiently.
*ut in order to curb computer crimes, the police alone cannot make all the difference.
#wareness regarding these cyberlaws must be created. Private and :on ?overnmental
organisations must play an active role in communicating this message to the masses.
2oreover, the 6udiciary will also have to play a proactive role in ad6udicating cyber trials.
# large part of the 6udiciary is probably unaware of cyberlaws and their implications.
hey must themselves study the laws carefully and effectively enforce them. Co-
ordination amongst the organisations, police and 6udiciary will definitely create some
impact and minimise the crime rate.
)owever, the working and implementation of this law will depend greatly on the rules
and regulations that will be formed by the ?overnment and other authorities constituted
under the #ct. he #ct is only a skeletal figure, while it is the rules and regulations that
will form the fleshy content.
his #ct is not the end but only a beginning to a plethora of legislation that still needs to
be formed. It leaves various issues untouched, some of them relating to intellectual
property rights, data protection and ta9ation. :o concrete regulations have also been
formulated for cross border issues. hese issues are of immense importance and the
Parliament must speedily frame laws to govern them.
While legislation will always be lacking behind as time and technology progress, the
Parliament must ensure that it keeps amending the law and enacting new laws to keep
pace with ever-changing standards. #t the same time, Indian law must be consonant
with international standards that are prescribed and that may be prescribed in the
future. his is essential if we desire to effectively regulate this boundless world.
India is amongst few of the countries in the world which have any legal framework for e-
commerce and e-governance. Indian industry pro6ections indicate that business
transactions over the net would cross @s. $B%% crore !@s.$B *illion" by $%%$. he correct
and honest implementation of this #ct would definitely be a boon to the Indian Infotech
Sector. he #ct has been passed at a time when the Internet population in India is low
and therefore it is hoped that implementing the law should not be very difficult.
8 The article or o3inion e93ree# in the article m"t not 0e contr"e# a
any legal a#vice: