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Chapter I : Preliminary
Chapter II : Digital Signature
Chapter III : Electronic Governance
Chapter IV : Attribution, Acknowledgment And Despatch Of Electronic Records
Chapter V : Secure Electronic Records And Secure Digital Signatures
ChapterVI : Regulation Certifying Authorities
Chapter VII : Digital Signature Certificates
Chapter VIII : Duties
Of Subscribers
Chapter IX : Penalties And Adjudication
ChapterX : The Cyber Regulations Appellate Tribunal
Chapter XI : Offences
Chapter XII : Network Service Providers Not Be Liable In Certain Cases.
Chapter XIII : Miscellaneous
The First Schedule : Amendment To The Indian Penal Code (See Section 91)(45 Of
1860]
The Second Schedule: Amendments To The Indian Evidence Act, 1872 (See Section
92) [1 Of 1872]
The Third Schedule : Amendments To The Bankers' Books Evidence Act, 1891 (See
Section 93) [18 Of 1891]
The Fourth Schedule : Amendment To The Reserve Bank Of India Act, 1934 (See
Section 94) [2 Of 1934]
CHAPTER III : ELECTRONIC
GOVERNANCE
1. 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 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.
2. Legal recognition of digital signatures
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 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
the grammatical
variations and cognate expressions, shall, with reference to a person,
mean affixing
of his hand written or any mark on any document and the expression "signature"
shall be construed accordingly.
3. Use of electronic records and digital signatures in Government and
its agencies
(1) Where any law provides for-
(a) 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;
(b) the issue or grant of any licence, permit, sanction or approval by
whatever
name called in a particular manner;
(c) 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-
(a) the manner and format in which such electronic records shall be filed,
created or issued;
(b) the manner or method of payment of any fee or charges for filing,
creation
or issue any electronic record under clause (a).
4. Retention of electronic records
(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-
(a) the information contained therein remains accessible so as to be usable
for
a subsequent reference;
(b) 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;
(c) the details which will facilitate the identification of the origin,
destination,
date and time of despatch 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
despatched 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.
5. Publication of rule, regulation, etc., in Electronic Gazette
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 :
Provided that where any rule, regulation, order, bye-law, notification
or any other
matter is 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.
6. Section 6, 7, and 8 not to confer right to insist document should be
accepted in electronic form
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.
7. Power to make rules by Central Government in respect of digital
signature
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 or electronic records or payments; and
(e) any other matter which is necessary to give legal effect to digital
signatures.
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