TABLE OF CONTENTS

S.NO. Particulars

Page No.

TABLE OF CONTENTS

i-v

ABSTRACT

vi

1. PRELIMINARY

1.1 Short Title, Extent, Commencement and Application:-

1.2. Definitions:-

2. DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

2.1 Authentication of Electronic Records -

2.1.1 Electronic Signature

3. ELECTRONIC GOVERNANCE

3.1 Legal Recognition of Electronic Records.

3.2 Legal recognition of Electronic Signature. -

3.3 Use of Electronic Records and Electronic Signature in Government and its agencies 6
3.3.1 Delivery of Services by Service Provider

3.4 Retention of Electronic Records -

3.4.1 Audit of Documents etc in Electronic form -

3.5 Publication of rules, regulation, etc, in Electronic Gazette

3.6 Sections 6, 7 and 8 Not to Confer Right to insist document

3.7 Power to Make Rules by Central Government in respect of Electronic Signature

3.7.1 Validity of contracts formed through electronic means.-

4. ATTRIBUTION, ACKNOWLEDGMENT AND DISPATCH OF ELECTRONIC

RECORDS
9
4.1Attribution of Electronic Records -

4.2 Acknowledgement of Receipt. -

9
1

4.3 Time and place of dispatch and receipt of electronic record. -

5. Secure Electronic Records And Secure Electronic Signatures

10

5.1 Secure Electronic Records

10

5.2 Secure Electronic Signature

10

5.3 Security procedures and Practices

10

6. REGULATION OF CERTIFYING AUTHORITIES

11

6.1 Appointment of Controller and other officers

11

6.2 Functions of Controller

11

6.3 Recognition of foreign Certifying Authorities

12

6.4 Controller to act as repository

12

6.5 License to issue electronic signature certificates

12

6.6 Application for license

12

6.7 Renewal of license

12

6.8 Procedure for grant or rejection of license

13

6.9 Suspension of License

13

6.10 Notice of suspension or revocation of license

13

6.11 Power to delegate

14

6.12 Power to investigate contraventions

14

6.13 Access to computers and data.-

14

6.14 Certifying Authority to follow certain procedures.

14

6.15 Certifying Authority to ensure compliance of the Act, etc.

14

6.16 Display of license

15

6.17 Surrender of license

15

6.18 Disclosure

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7. ELECTRONIC SIGNATURE CERTIFICATES

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7.1 Certifying Authority to issue Electronic Signature Certificate

15

7.2 Representations upon issuance of Digital Signature Certificate.

16

7.3 Suspension of Digital Signature Certificate

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7.4 Revocation of Digital Signature Certificate

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7.5 Notice of suspension or revocation

17

8. DUTIES OF SUBSCRIBERS

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8.1Generating Key Pair

17

8.1.1 Duties of subscriber of Electronic Signature Certificate

17

8.2 Acceptance of Digital Signature Certificate

17

8.3 Control of Private Key

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9. PENALTIES, COMPENSATION AND ADJUDICATION

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9.1 Penalty and Compensation for damage to computer, computer system, etc

18

9.1.1 Compensation for failure to protect data

19

9.2 Penalty for failure to furnish information, return, etc

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9.3 Residuary Penalty

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9.4 Power to Adjudicate

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9.5 Factors to be taken into account by the adjudicating officer

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10. THE CYBER APPELLATE TRIBUNAL

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10.1 Establishment of Cyber Appellate Tribunal

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10.2 Composition of Cyber Appellate Tribunal

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10.3 Qualifications for appointment as chairperson & members of cyber appellate tribunal
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10.4 Term of office, conditions of service etc of Chairperson and Members.-

22

10.5 Salary,allowance and other terms and conditions of service of chairperson & member
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10.5.1 Powers of superintendence, direction, etc

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3

10.5.2 Distribution of Business among Benches

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10.5.3 Powers of the Chairperson to transfer cases

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10.5.4 Decision by majority

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10.6 Filling up of vacancies

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10.7 Resignation and removal

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10.8 Orders constituting Appellate Tribunal to be final & not to invalidate its proceedings 24
10.9 Staff of the Cyber Appellate Tribunal

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10.10 Appeal to Cyber Regulations Appellate Tribunal

24

10.11 Procedure and Powers of the Cyber Appellate Tribunal

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10.12 Right to legal representation

25

10.13 Limitation

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10.14 Civil court not to have jurisdiction

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10.15 Appeal to High court

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10.16 Compounding of Contravention

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10.17 Recovery of Penalty or compensation

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11. OFFENCES

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11.1 Tampering with Computer Source Documents

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11.2 Computer Related Offences

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11.2.1 Punishment for sending offensive messages through communication service, etc 27
11.2.2 Punishment for dishonestly receiving stolen computer resource

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11.2.3 Punishment for identity theft

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11.2.4 Punishment for cheating by personation by using computer resource

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11.2.5 Punishment for violation of privacy

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11.2.6 Punishment for cyber terrorism

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11.3 Punishment for publishing or transmitting obscene material in electronic form

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11.3.1Punishment for publishing or transmitting of material containing sexually explicit 29

11.3.2 Punishment for publishing or transmitting of material depicting children in sexually
explicit act, etc. in electronic form.-Whoever
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11.3.3 Preservation and Retention of information by intermediaries

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11.4 Power of Controller to give directions

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11.5 Powers to issue directions for interception or monitoring or decryption of any information
through any computer resource.
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11.4.1 Power to issue directions for blocking for public access of any information through any
computer resource
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11.4.2 Power to authorise to monitor and collect traffic data or information through any
computer resource for Cyber Security
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11.5 Protected system

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11.5.1 National nodal agency

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11.5.2 Indian Computer Emergency Response Team to serve as national agency for incident
response
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REFERENCES

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ABSTRACT
An Act to provide legal recognition for transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to as "electronic
commerce", which involve the use of alternatives to paper-based methods of communication and
storage of information, to facilitate electronic filing of documents with the Government agencies
and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental thereto.

The Information Technology Act 2000 (also known as ITA-2000, or the IT Act) is an Act of the
Indian Parliament (No 21 of 2000) notified on October 17, 2000. This act is being opposed by
Save Your Voice campaign and other civil society organizations in India. User-review and
consumer social networking site MouthShut.com has filed a writ petition in the Supreme Court
of India to repeal and nullify parts of IT Act 2000.