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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 IV : ATTRIBUTION,
ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
1. Attribution of electronic records
An electronic record shall be attributed to the originator-
(a) if it was sent by the originator himself;
(b) by a person who had the authority to act on behalf of the originator
in respect
of that electronic record; or
(c) by an information system programmed by or on behalf of the originator
to
operate automatically.
2. Acknowledgement of receipt
(1) Where the originator has not agreed with the addressee that the
acknowledgement of receipt of electronic record be given in a particular
form or by a
particular method, an acknowledgment may be given by-
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator
that
the electronic record has been received.
(2) Where the originator has stipulated that the electronic record shall
be binding
only on receipt of an acknowledgment or such electronic record by him,
then unless
acknowledgment has been so received, the electronic record shall be deemed
to
have been never sent by the originator.
(3) Where the originator has not stipulated that the electronic record
shall be
binding only on receipt of such acknowledgment, and the acknowledgment
has not
been received by the originator within the time specified or agreed or,
if no time has
been specified or agreed to within a reasonable time, then the originator
may give
notice to the addressee sating that no acknowledgment has been received
by him
and specifying reasonable time by which the acknowledgment must be received
by
him and if no acknowledgment is received within the aforesaid time limit
he may
after giving notice to the addressee, treat the electronic record as though
it has
never been sent.
3. Time and place of despatch and receipt of electronic record
(1) Save as otherwise agreed to between the originator and the addressee,
the
despatch of an electronic record occurs when it enters a computer resource
outside
the control of the originator.
(2) Save as otherwise agreed between the originator and the addressee,
the time
of receipt of an electronic record shall be determined as follows, namely
:-
a) if the addressee has designated a computer resource for the purpose
of
receiving electronic records,-
(i) receipt occurs at the time when the electronic record enters the
designated computer resource; or
(ii) if the electronic records is sent to a computer resource of the addressee
that is not the designated computer resource, receipt occurs at the time
when the
electronic records is retrieved by the addressee;
(b) if the addressee has not designated a computer resource along with
specified timing, if any, receipt occurs when the electronic record enters
the
computer resource of the addressee.
(3) Save as otherwise agreed to between the originator and the addressee,
an
electronic record is deemed to be despatched at the place where the originator
has
his place of business, and is deemed to be received at the place where
the addressee
has his place of business.
(4) The provisions of sub-section (2) shall apply notwithstanding that
the place
where the computer resource is located may be different from the place
where the
electronic record is deemed to have been received under sub-section (3)
(5) For the purposes of this section,-
(a) if the originator or the addressee has more than one place of business,
the
principal place of business, shall be the place of business,
(b) if the originator or the addressee does not have a place of business,
his
usual place of residence shall be the place of business;
(c) "usual place of residence", in relation to a body corporate,
means the place
where it is registered.
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