1/7/2011, 6:10 PM
Ganaka Gagana
If your a law student and your looking forward to know more about the course of BA LLB then you are in the right Web page.
Friday, January 7, 2011
Monday, January 25, 2010
Sunday, January 24, 2010
5 Myths about Internet Safety
“Internet Safety” the term has been getting vague with the increasing virus outbreaks nowdays. PC Magazine once conducted a survey in which they asked the participants to rate their broadband ISP services and the results were astonishing. Most of users didn’t completely understand the seriousness of potential threats or how to protect their PCs. Here are the top 5 Myths about safe surfing over internet.
Myth 1 – I don’t keep important things on my PC, so I don’t have to worry about security. Your PC can be infected over internet
Long time ago,this was partially true… but the hybrid worms and viruses of today like Blaster, hidrag and others blindly spread across internet to thousands or millions of PCs in a matter of hours, without regard for who owns them, what is stored there, or the value of the information they hold for the sole purpose of wreaking havoc. Even if your computer is not attacked directly, it can be used as a zombie to launch a denial-of-service or other attack on a network or to send spam or pornography to other PCs without being traced. Therefore, your civic responsibility is to protect your PC so that others are protected.
Myth 2 – I can protect my PC if I disconnect from the Internet or turn it off when I’m not using it.
Wrong. You are a target,If you connect to the Internet at all. You could download a virus when you connect to internet and it may not be activated immediately, not until you read your email offline days after. Viruses nowadays spread wildly through USB/Pen drives, pirated cd’s or torrents or file from networks.
Myth 3 – I can protect myself from viruses by not opening suspicious e-mail attachments. Some viruses simply get activated by reading or previewing an e-mail
Wrong again. The next virus you get may come from your best friend’s or boss’ computer if his e-mail address book was compromised for simulating an attack. Hybrid worms can enter through the Web browser through loopholes and it is possible to activate some viruses simply by reading or previewing an e-mail. You simply must have a PC-based antivirus package or a firewall.
Myth 4 – I have a Macintosh (or a Linux-based system), not a Windows system, so I don’t have to worry about being attacked.
It is true that most attacks target Microsoft Windows–based PCs, but there have been attacks against Mac OS and Linux systems as well. Some experts have predicted that the Mac virus problem will get worse, because Mac OS X uses a version of Unix. And although these systems have some useful security features, they can still be attacked.
Myth 5 – My system came with an Anti-virus package, so I’m protected.
Not quite. Firstly, if you haven’t activated your antivirus to scan incoming web traffic automatically, you don’t have a good Anti-virus and malware protection software. Secondly, new threats appear daily, so an antivirus package is only as good as its last update so its a must to activate the auto-update features to keep your guard up against the latest threats. Thirdly, an antivirus package can’t protect you from every threat. Malwares, spywares are running in the wild out there and every now and then malicious code penetrate weak systems. You need a combination of solutions, including, at minimum, antivirus, a personal firewall ,an anti spyware/malware package and a plan for keeping your operating system and software up to date with security patches.
Wednesday, January 20, 2010
Some nice web sites for law
Its a great web site for lawyers it still developing its in its initial stages but still it has a lot of info in it. Check it out and i hope it might just have the solution to your moot court problem.
Here a re some more great web sites which you need to check it out if your a lawyer
www.feeleminds.com
www.legallyindia.com
www.law.com
www.legallysougage.com
www.thelawyer.com
www.legal500.com
all of these are free web sites in which you dont have to pay and by which you can also get the desired information.
Ganaka Gagana
In this blog i will keep on posting everything new which i see and i will try my best to keep you all you to data.
Thursday, November 12, 2009
B.A L.L.B
BA.LLB- Bachelor of Laws is an integrated program in Law. BA.LLB is a five-year duration program. After completion of 10+2, students can give an entrance exam for the course of BA.LLB. These types of courses are available in most of universities in India.
A degree in law provides plenty of career opportunities to a lawyer. In this field of law, social and financial crises amid the public are always marked. A degree of law provides weapons to fight against all types of social inequalities and crimes. Under the imposed rules by law, the society is governed. Law is one of the vital and most basic communal institutions. There are always crises and injustice in the society if the people did just as they wished.
No society could ever exist until its members distinguish that they have certain obligations towards one another. The law sets up the systems that describe human rights and obligations. The law punishes the people who break these rules. Law in various crimes and cases advises government. Mostly different government departments and police agencies see that laws are regulated amongst the people. The courts of that region help to these agencies to carry on the laws.
Skills Required for BA.LLB.
The lawful process does not merely engage lawyers dramatically in the courtroom. Lawyers present their cases before the honorable judges with great efforts. Law is the base of the society and it is a vital weapon to bring some positive changes amongst the people. A lawyer must acquire outstanding communication and staging skills. A lawyer cross-examines the observer to bring out reality before the court. Case analysis skills are the most important skills to become a successful lawyer. A high-level honesty goes along way making one a reputed lawyer.
IT Act 2000
and whereas the said resolution recommends inter alia that all States give favourable consideration to the said Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-cased methods of communication and storage of information;
Preliminary
1. Short title, extent, commencement and application
(1) This Act may be called the Information Technology Act, 2000.
(a) a negotiable instrument as defined in section 13 of the Negotiable Instruments Act, 1881;
(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
(c) a trust as defined in section 3 of the Indian Trusts Act, 1882;
(d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called;
(e) any contract for the sale or conveyance of immovable property or any interest in such property;
(f) any such class of documents or transactions as may be notified by the Central Government in the Official Gazette.
(1) In this Act, unless the context otherwise requires, -
(b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
(c) "adjudicating officer" means an adjudicating officer appointed under subsection (1) of section 46;
(d) "affixing digital signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature;
(e) "appropriate Government" means as respects any matter,-
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions; and
(d) adhere to generally accepted security procedures;
- (zf) "security procedure" means the security procedure prescribed under section 16 by the Central Government;
(zg) "subscriber" means a person in whose name the Digital Signature Certificate is issued;
(zh) "verify" in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether-
(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature.
DIGITAL SIGNATURE
3. Authentication of electronic records.
(1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature.
(b) that two electronic records can produce the same hash result using the algorithm.
(3) Any person by the use of a public key of the subscriber can verify the electronic record.
(4) The private key and the public key are unique to the subscriber and constitute a functioning key pair.
ELECTRONIC GOVERNANCE
4. Legal recognition of electronic records.
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-
- (a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (hen, 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.
(1) Where any law provides for-
(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, if-
Where 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:
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.
The Central Government may, for the purposes of this Act, by rules, prescribe—
- (a) the type of digital signature;
(b) the manner and format in which the digital signature shall be affixed;
(c) the manner or procedure which facilitates identification of the person affixing the digital signature;
(d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and
(e) any other matter which is necessary to give legal effect to digital signatures.
ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
11.Attribution of electronic records.
An electronic record shall be attributed to the originator—
(1) Where the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by-
(1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator.
- (a) if the addressee has designated a computer resource for the purpose of receiving electronic records,-
- (b) if the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee.
(5) For the purposes of this section,-
SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES
14. Secure electronic record.
Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was-
- (a) unique to the subscriber affixing it;
(b)capable of identifying such subscriber;
(c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated,
The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including—
REGULATION OF CERTIFYING AUTHORITIES
17. Appointment of Controller and other officers.
(1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers and Assistant Controllers as it deems fit.
18. Functions of Controller.
The Controller may perform all or any of the following functions, namely:-
(a) exercising supervision over the activities of the Certifying Authorities;
(b) certifying public keys of the Certifying Authorities;
(c) laying down the standards to be maintained by the Certifying Authorities;
(d) specifying the qualifications and experience which employees of the Certifying Authorities should possess;
(e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;
(f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a Digital Signature Certificate and the public key;
(g) specifying the form and content of a Digital Signature Certificate and the key,
(h) specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;
(i) specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them;
(j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;
(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers;
(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;
(m) laying down the duties of the Certifying Authorities;
(n) maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
19. Recognition of foreign Certifying Authorities.
(1) Subject to such conditions and restrictions as may be specified by regulations, the Controller may with the previous approval of the Central Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a Certifying Authority for the purposes of this Act.
(1) The Controller shall be the repository of all Digital Signature Certificates issued under this Act.
- (a) make use of hardware, software and procedures that are secure from intrusion and misuse;
- (b) observe such other standards as may be prescribed by the Central Government, to ensure that the secrecy and security of the digital signatures are assured.
(1) Subject to the provisions of sub-section (2), any person may make an application, to the Controller, for a licence to issue Digital Signature Certificates.
(3) A licence granted under this section shall—
- (a) be valid for such period as may be prescribed by the Central Government;
(b) not be transferable or heritable;
(c) be subject to such terms and conditions as may be specified by the regulations.
(1) Every application for issue of a licence shall be in such form as may be prescribed by the Central Government.
(2) Every application for issue of a licence shall be accompanied by-
(b) a statement including the procedures with respect to identification of the applicant;
(c) payment of such fees, not exceeding twenty-five thousand rupees as may be prescribed by the Central Government;
(d) such other documents, as may be prescribed by the Central Government.
23. Renewal of licence.
An application for renewal of a licence shall be-
(a) in such form;
(b) accompanied by such fees, not exceeding five thousand rupees,
as may be prescribed by the Central Government and shall be made not less than forty-five days before the date of expiry of the period of validity of the licence.
The Controller may, on receipt of an application under sub-section (1) of section 21, after considering the documents accompanying the application and such other factors, as he deems fit, grant the licence or reject the application:
(1) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Certifying Authority has,-
(b) failed to comply with the terms and conditions subject to which the licence was granted;
(c) failed to maintain the standards specified under clause (b) of sub-section (2) of section 20;
(d) contravened any provisions of this Act, rule, regulation or order made thereunder, revoke the licence:
Provided that no licence shall be revoked unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed revocation.
(1) Where the licence of the Certifying Authority is suspended or revoked, the Controller shall publish notice of such suspension or revocation, as the case may be, in the database maintained by him.
Provided that the data base containing the notice of such suspension or revocation, as the case may be, shall be made available through a web site which shall be accessible round the clock:
Provided further that the Controller may, if he considers necessary, publicise the contents of database in such electronic or other media, as he may consider appropriate.
27. Power to delegate.
The Controller may, in writing, authorise the Deputy Controller, Assistant Controller or any officer to exercise any of the powers of the Controller under this Chapter.
(1) The Controller or any officer authorised by him in this behalf shall take up for investigation any contravention of the provisions of this Act, rules or regulations made thereunder.
(1)Without prejudice to the provisions of sub-section (1) of section 69, the Controller or any person authorised by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this Act, rules or regulations made thereunder has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system.
Every Certifying Authority shall,-
(a) make use of hardware, software and procedures that are secure from intrusion and misuse;
(b) provide a reasonable level of reliability in its services which are reasonably suited to the performance of intended functions;
(c) adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured; and
(d) observe such other standards as may be specified by regulations.
Every Certifying Authority shall ensure that every person employed or otherwise engaged by it complies, in the course of his employment or engagement, with the provisions of this Act, rules, regulations and orders made thereunder.
Every Certifying Authority shall display its licence at a conspicuous place of the premises in which it carries on its business.
33. Surrender of licence.
(1) Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.
(2) Where any Certifying Authority fails to surrender a licence under sub-section (1), the person in whose favour a licence is issued, shall be guilty of an offence and shall be punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both.
(1) Every Certifying Authority shall disclose in the manner specified by regulations-
(b) any certification practice statement relevant thereto;
(c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and
(d) any other fact that materially and adversely affects either the reliability of a Digital Signature Certificate, which that Authority has issued, or the Authority's ability to perform its services.
(2) Where in the opinion of the Certifying Authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a Digital Signature Certificate was granted, then, the Certifying Authority shall-
(b) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation.
Digital Signature Certificates
35. Certifying Authority to issue Digital Signature Certificate.
(1) Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government
(b) the applicant holds a private key, which is capable of creating a digital signature;
(c) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant:
Provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.
A Certifying Authority while issuing a Digital Signature Certificate shall certify that--
(b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;
(c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate;
(d) the subscriber's public key and private key constitute a functioning key pair,
(e) the information contained in the Digital Signature Certificate is accurate; and
(f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations made in clauses (a) to (d).
(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,-
(ii) any person duly authorised to act on behalf of that subscriber,
(1) A Certifying Authority may revoke a Digital Signature Certificate issued by it-
(b) upon the death of the subscriber, or
(c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company.
(a) a material fact represented in the Digital Signature Certificate is false or has been concealed;
(b) a requirement for issuance of the Digital Signature Certificate was not satisfied;
(c) the Certifying Authority's private key or security system was compromised in a manner materially affecting the Digital Signature Certificate's reliability;
(d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, wound-up or otherwise ceased to exist
(3) A Digital Signature Certificate shall not be revoked unless the subscriber has been given an opportunity of being heard in the matter.
(4) On revocation of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.
(1) Where a Digital Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the Digital Signature Certificate for publication of such notice.
CHAPTER VIII
DUTIES OF SUBSCRIBERS
40. Generating key pair.
Where any Digital Signature Certificate, the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber, then, the subscriber shall generate the key pair by applying the security procedure.
41. Acceptance of Digital Signature Certificate.
(1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate-
(b) in a repository, or otherwise demonstrates his approval of the Digital Signature Certificate in any manner.
(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true;
(c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.
(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure to a person not authorised to affix the digital signature of the subscriber.
PENALTIES AND ADJUD1CATION
43. Penalty for damage to computer, computer system, etc.
If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network,-
(b) downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
(c) i ntroduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;
(h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network,
he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.
(a) to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer system, or computer network;
If any person who is required under this Act or any rules or regulations made thereunder to—
(b) file any return or furnish any information, books or other documents within the time specified therefor in the regulations fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for every day during which such failure continues;
(c) maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.
Whoever contravenes any rules or regulations made under this Act, for .the contravention of which no penalty has been separately provided, shall be liable to pay a compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees.
(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunder the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer'for holding an inquiry in the manner prescribed by the Central Government.
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:-
(b) the amount of loss caused to any person as a result of the default;
(c) the repetitive nature of the default
The Cyber Regulations Appellate Tribunal
48. Establishment of Cyber Appellate Tribunal.
(1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal.
(2) The Central Government shall also specify, in the notification referred to in sub-section (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.
A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the Residing Officer of the Cyber Appellate Tribunal) to be appointed, by notification, by the Central Government
A person shall not be qualified for appointment as the Presiding Officer of a Cyber Appellate Tribunal unless he-
(b) is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that Service for at least three years.
The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of. the Presiding Officer of a Cyber Appellate Tribunal shall be such as may be prescribed:
If, for reason other than temporary absence, any vacancy occurs in the office n the Presiding Officer of a Cyber Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Cyber Appellate Tribunal from the stage at which the vacancy is filled.
(1) The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:
No order of the Central Government appointing any person as the Presiding Officer of a Cyber Appellate Tribunal shall be called in question in any manner and no act or proceeding before a Cyber Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Cyber Appellate Tribunal.
(1) The Central Government shall provide the Cyber Appellate Tribunal with such officers and employees as that Government may think fit
(2) The officers and employees of the Cyber Appellate Tribunal shall discharge their functions under general superintendence of the Presiding Officer.
(1) Save as provided in sub-section (2), any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in the matter.
(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex pane;
(g) any other matter which may be prescribed.
The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Cyber Appellate Tribunal.
The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an appeal made to the Cyber Appellate Tribunal.
No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Cyber Appellate Tribunal constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order
(1) Any contravention under this Chapter may, either before or after the institution of adjudication proceedings, be compounded by the Controller or such other officer as may be specially authorised by him in this behalf or by the adjudicating officer, as the case may be, subject to such conditions as the Controller or such other officer or the adjudicating officer may specify:
A penalty imposed under this Act, if it is not paid, shall be recovered as an arrear of land revenue and the licence or the Digital Signature Certificate, as the case may be, shall be suspended till the penalty is paid.
OFFENCES
65. Tampering with computer source documents.
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.
(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder.
(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource.
(1) The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.
Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be. shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book. register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that-
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,
unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.
Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.
Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act. rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:
No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.
NETWORK SERVICE PROVIDERS NOT TO BE LIABLE IN CERTAIN CASES
79. Network service providers not to be liable in certain cases.
For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, 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 exercised all due diligence to prevent the commission of such offence or contravention.
(a) "network service provider" means an intermediary;
(b) "third party information" means any information dealt with by a network service provider in his capacity as an intermediary;
Miscellaneous
80. Power of police officer and other officers to enter, search, etc.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
The Presiding Officer and other officers and employees of a Cyber Appellate Tribunal, the Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any rule, regulation or order made thereunder.
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller or any person acting on behalf of him, the Presiding Officer, adjudicating officers and the staff of the Cyber Appellate Tribunal for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or order made thereunder.
(1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
(i) "company" means any body corporate and includes a firm or other association of individuals; and
(ii) "director", in relation to a firm, means a partner in the firm.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(1) The Central Government may, by notification in the Official Gazette and in the Electronic Gazette make rules to carry out the provisions of this Act
(b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6;
(c) the manner and format in which electronic records shall be filed, or issued and the method of .payment under sub-section (2) of section 6;
(d) the matters relating to the type of digital signature, manner and format in which it may be affixed undersection 10;
(e) the security procedure for the purpose of creating secure electronic record and secure digital signature under section 16;
(f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controllers under section 17;
(g) other standards to be observed by the Controller under clause (b) of subsection (2) of section 20;
(h) the requirements which an applicant must fulfil under sub-section (2) of section 21;
(i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21;
(j) the form in which an application for licence may be made under sub-section (1) of section 22;
(k) the amount of fees payable under clause (c) of sub-section (2) of section 22;
(l) such other documents which shall accompany an application for licence under clause (a) of sub-section (2) of section 22;
(m) the form and the fee for renewal of a licence and the fee payable there of under section 23;
(n) the form in which application for issue of a Digital Signature Certificate may be made under sub-section (1) of section 35;
(o) the fee to be paid to the CertifyingAuthority for issue of a Digital Signature Certificate under sub-section (2) of section 35;
(p) the manner in which the adjudicating officer shall hold inquiry under subsection (1) of section 46;
(q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46;
(r) the salary, allowances and the other terms and conditions of service of the Presiding Officer under section 52;
(s) the procedure for investigation of misbehaviour or incapacity of the Presiding Officer under sub-section (3) of section 54;
(t) the salary and allowances and other conditions of service of other officers and employees under sub-section (3} of section 56;
(u) the form in which appeal may be filed and the fee thereof under sub -section (3) of section 57;
(v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and
(w) any other matter which is required to be, or may be, prescribed.
(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee.
(3)The Cyber Regulations Advisory Committee shall advise-
(b) the Controller in framing the regulations under this Act.
89. Power of Controller to make regulations.
(1) The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -
(a) the particulars relating to maintenance of data-base containing the disclosure record of every Certifying Authority under clause (m) of section 18;
(b) the conditions and restrictions subject to which the Controller may recognise any foreign Certifying Authority under sub-section (1) of section 19;
(c) the terms and conditions subject to which a licence may be granted under clause (c) of sub-section (3) of section 21;
(d) other standards to be observed by a Certifying Authority under clause (d) of section 30;
(e) the manner in which the Certifying Authority shall disclose the matters specified in sub-section (1) of section 34;
(f) the particulars of statement which shall accompany an application under sub-section (3) of section 35;
(g) the manner in which the subscriber shall communicate the compromise of private key to the certifying Authority under sub-section (2) of section 42.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the electronic form in which filing, issue, grant receipt or payment shall be effected under sub-section (1) of section 6;
(b) for matters specified in sub-section (2) of section 6;
(c) any other matter which is required to be provided by rules by the State Government.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
91. Amendment of Act 45 of 1860.
The Indian Penal Code shall be amended in the manner specified in the First Schedule to this Act.
92. Amendment of Act 1 of 1872.
The Indian Evidence Act, 1872 shall be amended in the manner specified in the Second Schedule to this Act.
93. Amendment of Act 18 of 1891.
The Bankers' Books Evidence Act, 1891 shall be amended in the manner specified in the Third Schedule to this Act.
94. Amendment of Act 2 of 1834.
The Reserve Bank of India Act, 1934 shall be amended in the manner specified in the Fourth Schedule to this Act.
"29A. The words "electronic record" shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000.".
6. In section 192, for the words "makes any false entry in any book or record, or makes any document containing a false statement", the words "makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement" shall be substituted.
7. In section 204, for the word "document" at both the places where it occurs, the words "document or electronic record" shall be substituted.
(a) for the portion beginning with the words "A person is said to make a false document" and ending with the words "by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration", the following shall be substituted, namely:-
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any digital signature on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the digital signature,
- 10. In section 466,-
(a) for the words "Whoever forges a document", the words "Whoever forges a document or an electronic record" shall be substituted;
(b) the following Explanation shall be inserted at the end, namely:-
'Explanation. - For the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000.'.11. In section 468, for the words "document forged", the words "document or electronic record forged" shall be substituted.
12. In section 469, for the words "intending that the document forged", the words "intending that the document or electronic record forged" shall be substituted.
13. In section 470, for the word "document" in both the places where it occurs, the words "document or electronic record" shall be substituted.
14. In section 471, for the word "document" wherever it occurs, the words "document or electronic record" shall be substituted.
15. In section 474, for the portion beginning with the words "Whoever has in his possession any document" and ending with the words "if the document is one of the description mentioned in section 466 of this Code", the following shall be substituted, namely: -
"Whoever has in his possession any document or electronic record, knowingthe same to be forged and intending that the same shall fraudulently or dishonestlybe used as a genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code.".
16. In section 476, for the words "any document", the words "any document or electronic record" shall be substituted.
17. In section 477A, for the words "book, paper, writing" at both the places where they occur, the words "book, electronic record, paper, writing" shall be substituted.
THE SECOND SCHEDULE
(See section 92)
amendments to the indian evidence act, 1872
(1 of 1872)1. In section 3,-
(a) in the definition of "Evidence", for the words "all documents produced for the inspection of the Court", the words "all documents including electronic records produced for the inspection of the Court" shall be substituted;
(b) after the definition of "India", the following shall be inserted, namely:— 'the expressions "Certifying Authority", "digital signature", "Digital Signature Certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the Information Technology Act, 2000.'.
2. In section 17, for the words "oral or documentary,", the words "oral or documentary or contained in electronic form" shall be substituted.
3.After section 22, the following section shall be inserted, namely: -
"22A. Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.".
6. For section 39, the following section shall be substituted, namely:-
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
"39. When any statement of which evidence is given forms part of a longer statement, or of a conversation or pan of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.".
7. After section 47, the following section shall be inserted, namely: -
Opinion as to digital signature where relevant.
"47A. When the Court has 10 form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.".
8. In section 59, for the words "contents of documents" the words "contents of documents or electronic records" shall be substituted.
9. After section 65, the following sections shall be inserted, namely: -
Special provisions as to evidence relating to electronic record.
'65A. The contents of electronic records may be proved in accordance with the provisions of section 65B.
65B. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(1) in respect of a computer output shall be the following, namely: -
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
whether it was produced by it directly or (with or without human intervention)
by means of any appropriate equipment.
Explanation. - For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived there from by calculation, comparison or any other process.
10. After section 67, the following section shall be inserted, namely:-
Proof as to digital signature.
"67A. Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.".
11. After section 73, the following section shall be inserted, namely:-
Proof as to verification of digital signature.
'73A. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct-
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.
After section 81, the following section shall be inserted, namely:-
After section 85, the following sections shall be inserted, namely:-
85B. (1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.
(a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record;
(b) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature.
85C. The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.".
After section 88, the following section shall be inserted, namely:-
After section 90, the following section shall be inserted, namely:-
16. For section 131, the following section shall be substituted, namely:-
Production of documents or electronic records which another person, having possession, could refuse to produce.
"131. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.".
(a) are maintained in written form, a copy of any entry in such books together with a certificate written;:: the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and
(b) consist of printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2A.'.
- After section 2, the following section shall be inserted, namely:-
"2A. A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely:-
(b) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of-
(B) the safeguards adopted to prevent and detect unauthorised change of data;
(C) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons;
(D) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices;
(E) the mode of verification in order to ensure that data has been accurately transferred to such removable media;
(F} the mode of identification of such data storage devices;
(G) the arrangements for the storage and custody of such storage devices;
(H) the safeguards to prevent and detect any tampering with the system; and
(I) any other factor which will vouch for the integrity and accuracy of the system.