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  • 4
    Legal Recognition of Electronic Records
    IT Act-2000
  • Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is
    1. rendered or made available in an electronic form; and
    2. accessible so as to be usable for a subsequent reference
  • 5
    Legal recognition of Electronic Signature
    IT Act-2000
  • Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.
    Explanation -
    For the purposes of this section, "Signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "Signature" shall be construed accordingly.
  • 6
    Use of Electronic Records and Electronic Signature in Government and its agencies
    IT Act-2000
    1. Where any law provides for
      1. the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;
      2. the issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner;
      3. the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.
    2. The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe -
      1. the manner and format in which such electronic records shall be filed, created or issued;
      2. the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).
  • 6A
    Delivery of Services by Service Provider
    IT Act-2000
    1. The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorize, by order, any service provider to set up, maintain and upgrade the computerized facilities and perform such other services as it may specify, by notification in the Official Gazette.
      Explanation: For the purposes of this section, service provider so authorized includes any individual, private agency, private company, partnership firm, sole proprietor form or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.
    2. The appropriate Government may also authorize any service provider authorized under sub-section (1) to collect, retain and appropriate service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.
    3. Subject to the provisions of sub-section (2), the appropriate Government may authorize the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.
    4. The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section:
      Provided that the appropriate Government may specify different scale of service charges for different types of services.
  • 7
    Retention of Electronic Records
    IT Act-2000
    1. Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, -
      1. the information contained therein remains accessible so as to be usable for a subsequent reference;
      2. the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;
      3. the details which will facilitate the identification of the origin, destination, date and time of dispatch or receipt of such electronic record are available in the electronic record:
      Provided that this clause does not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be dispatched or received.
    2. Nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records. Publication of rules. regulation, etc.. in Electronic Gazette.
  • 7A
    Audit of Documents etc in Electronic form
    IT Act-2000
  • Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in electronic form.
  • 8
    Publication of rules, regulation, etc, in Electronic Gazette
    IT Act-2000
  • any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette:
    Provided that:
    where any rule, regulation, order, bye-law, notification or any other matters published in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form
  • 9
    Sections 6, 7 and 8 Not to Confer Right to insist document should be accepted in electronic form
    IT Act-2000
  • Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.
  • 10
    Power to Make Rules by Central Government in respect of Electronic Signature
    IT Act-2000
  • The Central Government may, for the purposes of this Act, by rules, prescribe
    1. the type of Electronic Signature;
    2. the manner and format in which the Electronic Signature shall be affixed;
    3. the manner or procedure which facilitates identification of the person affixing the Electronic Signature;
    4. control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and
    5. any other matter which is necessary to give legal effect to Electronic Signature.
  • 10A
    Validity of contracts formed through electronic means
    IT Act-2000
  • Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.
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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