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  • 3
    Authentication of Electronic Records
    IT Act-2000
    1. Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his Digital Signature
    2. The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record.
    3. Explanation - For the purposes of this sub-section, "Hash function" means an algorithm mapping or translation of one sequence of bits into another, generally smaller, set known as "Hash Result" such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input making it computationally infeasible
      1. to derive or reconstruct the original electronic record from the hash result produced by the algorithm;
      2. that two electronic records can produce the same hash result using the algorithm.
    4. Any person by the use of a public key of the subscriber can verify the electronic record.
    5. The private key and the public key are unique to the subscriber and constitute a functioning key pair.
  • 3A
    Electronic Signature
    IT Act-2000
    1. Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber nay authenticate any electronic record by such electronic signature or electronic authentication technique which-
      1. is considered reliable ; and
      2. may be specified in the Second Schedule
    2. For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if-
      1. the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or , as the case may be, the authenticator and of no other person;
      2. the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be,the authenticator and of no other person;
      3. any alteration to the electronic signature made after affixing such signature is detectable
      4. any alteration to the information made after its authentication by electronic signature is detectable; and
      5. it fulfills such other conditions which may be prescribed.
    3. The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated
    4. The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the second schedule;
      Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable
    5. Every notification issued under sub-section (4) shall be laid before each House of Parliament
1 Short title, extent, commencement and application
2 Definitions
3 Authentication of Electronic Records
3A Electronic Signature
4 Legal Recognition of Electronic Records
5 Legal recognition of Electronic Signature
6 Use of Electronic Records and Electronic Signature in Government and its agencies
6A Delivery of Services by Service Provider
7 Retention of Electronic Records
7A Audit of Documents etc in Electronic form
8 Publication of rules, regulation, etc, in Electronic Gazette
9 Sections 6, 7 and 8 Not to Confer Right to insist document should be accepted in electronic form
10 Power to Make Rules by Central Government in respect of Electronic Signature
10A Validity of contracts formed through electronic means
11 Attribution of Electronic Records
12 Acknowledgement of Receipt
13 Time and place of despatch and receipt of electronic record
14 Secure Electronic Record
15 Secure Electronic Signature
16 Security procedures and Practices
17 Appointment of Controller and other officers
18 The Controller may perform all or any of the following functions, namely
19 Recognition of foreign Certifying Authorities
20 Omitted vide Information Technology (Amendment) Act 2008
21 License to issue electronic signature certificates
22 Application for license
23 Renewal of license
24 Procedure for grant or rejection of license
25 Suspension of License
26 Notice of suspension or revocation of license
27 Power to delegate
28 Power to investigate contraventions
29 Access to computers and data
30 Certifying Authority to follow certain procedures
31 Certifying Authority to ensure compliance of the Act, etc.
32 Display of license
33 Surrender of license
34 Disclosure
35 Certifying Authority to issue Electronic Signature Certificate
36 Representations upon issuance of Digital Signature Certificate
37 Suspension of Digital Signature Certificate
38 Revocation of Digital Signature Certificate
39 Notice of suspension or revocation
40 Generating Key Pair
40A Duties of subscriber of Electronic Signature Certificate
41 Acceptance of Digital Signature Certificate
42 Control of Private key
43 Penalty and Compensation for damage to computer, computer system, etc
43A Compensation for failure to protect data
44 Compensation for failure to protect data
45 Residuary Penalty
46 Power to Adjudicate
47 Factors to be taken into account by the adjudicating officer
48 Establishment of Cyber Appellate Tribunal
49 Composition of Cyber Appellate Tribunal
50 Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal
51 Term of office, conditions of service etc of Chairperson and Members
52 Salary allowance and other terms and conditions of service of Chairperson and Member
52A Powers of superintendence, direction, etc
52B Distribution of Business among Benches
52C Powers of the Chairperson to transfer cases
52D Decision by majority
53 Filling up of vacancies
54 Resignation and removal
55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
56 Staff of the Cyber Appellate Tribunal
57 Appeal to Cyber Regulations Appellate Tribunal
58 Procedure and Powers of the Cyber Appellate Tribunal
59 Right to legal representation
60 Limitation
61 Civil court not to have jurisdiction
62 Appeal to High court
63 Compounding of Contravention
64 Recovery of Penalty or compensation
65 Tampering with Computer Source Documents
66 Computer Related Offences
66A Punishment for sending offensive messages through communication service, etc
66B Punishment for dishonestly receiving stolen computer resource or communication device
66C Punishment for identity theft
66D Punishment for cheating by personation by using computer resource
66E Punishment for violation of privacy
66F Punishment for cyber terrorism
67 Punishment for publishing or transmitting obscene material in electronic form
67A Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form
67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form
67C Preservation and Retention of information by intermediaries
68 Power of Controller to give directions
69 Powers to issue directions for interception or monitoring or decryption of any information through any computer resource
69A Power to issue directions for blocking for public access of any information through any computer resource
69B Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security
70 Protected system
70A National nodal agency
70B Indian Computer Emergency Response Team to serve as national agency for incident response
71 Penalty for misrepresentation
72 Breach of confidentiality and privacy
72A Punishment for Disclosure of information in breach of lawful contract
73 Penalty for publishing electronic Signature Certificate false in certain particulars
74 Publication for fraudulent purpose
75 Act to apply for offence or contraventions committed outside India
76 Confiscation
77 Compensation, penalties or confiscation not to interfere with other punishment
77A Compounding of Offences
77B Offences with three years imprisonment to be cognizable
78 Power to investigate offences
79 Exemption from liability of intermediary in certain cases
79A Central Government to notify Examiner of Electronic Evidence
80 Power of Police Officer and Other Officers to Enter, Search, etc
81 Act to have Overriding effect
81A Application of the Act to Electronic cheque and Truncated cheque -
82 Chairperson, Members, Officers and Employees to be Public Servants
83 Power to Give Direction
84 Protection of Action taken in Good Faith
84A Modes or methods for encryption
84B Punishment for abetment of offences
84C Punishment for attempt to commit offences
85 Offences by Companies.
86 Removal of Difficulties
87 Power of Central Government to make rules
88 Constitution of Advisory Committee
89 Power of Controller to make Regulations
90 Power of State Government to make rules


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