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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]
THE SECOND SCHEDULE
: AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 (See section 92) [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 word "all document 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 by substituted.
3. After section 22,
the following section shall be inserted, namely :-
relevant.
Oral admissions as to the contents of electronic records are not relevant,
unless the
genuineness of the electronic record produced is in question."
4. In section 34,
for the words "Entries in the books of account",
the words
"Entries in the books of account, including those maintained in an
electronic form"
shall be substituted.
5. In section 35,
for the word "record" in both the places where
it occurs, the
words "record or an electronic record" shall be substituted.
6. For section 39,
the following section shall be substituted, namely
:-
"39. What evidence to be given when statement forms part of a conversation,
document, electronic record, book or series of letters or papers.
When any statement of which evidence is given forms part of a longer statement,
or
of a conversation or part 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 sections shall be inserted, namely
:-
"47A.Opinion as to digital signature where relevant.
When the Court has to form an opinion as to the digital signature or 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:-
65A.special provisions as to evidence relating to electronic record.
The contents of electronic records may be proved in accordance with the
provisions
of section 65B.
65B. Admissibility of electronic records.
(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
or which
direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer
output
shall be the following, namely :-
(a) the computer output containing the information was produced by the
computer during the period over which the computer was used regularly
to store or
process information for the purposes of any activities regularly carried
on over that
period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic
record or of the kind from which the information so contained is derived
was
regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the materiel part of the said period, the computer was
operating
properly or, if not, then in respect of any period in which it was not
operating
properly or was out of operation during that part of the period, was not
such as to
affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is
derived
from such information fed into the computer in the ordinary course of
the said
activities.
(3) Where over any period, the functions of storing or processing information
for
the purposes of any activities of any regularly carried on over that period
as
mentioned in clause (a) of sub-section (2) was regularly performed by
computer,
whether-
(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.
all the computers used for that purpose during that period shall be treated
for the
purposes of this section as constituting a single computer; and references
in this
section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence
by
virtue of this section, a certificate doing any of the following things,
that is to say,-
(a) identifying the electronic record containing the statement and describing
the manner in which it was produced;
(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 subsection
(2) relate,
and purporting to be signed by a person occupying a responsible official
position in
relation to the operation of the relevant device or the management of
the relevant
activities (whichever is appropriate) shall be evidence of any matter
stated in the
certificate; and for the purpose of this sub-section it shall be sufficient
for a matter
to be stated to the best of the knowledge and belief of the person stating
it.
(5) For the purposes of this section,-
(a) information shall be taken to be supplied to a computer if it is supplied
thereto in any appropriate form and whether it is so supplied directly
or (with or
without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, information
is
supplied with a view to its being stored or processed for the purposes
of those
activities by a computer operated otherwise than in the course of those
activities,
that information, if duly supplied to that computer, shall be taken to
be supplied to it
in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer
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
therefrom by
calculation, comparison or any other process; 10. After section 67,
the following section shall be inserted, namely
:-
"67A. Proof as to digital signature.
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
:-
"73A. Proofs as to verification of digital signature.
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 the
person.
Explanation.- For the purpose of this section "Controller" means
the Controller
appointed under sub-section (1) of section 17 of the Information Technology
Act,
2000. 12. After section 81,
the following section shall be inserted, namely
:-
"81A. Presumption as to Gazettes in electronic forms.
The Court shall presume the genuineness of every electronic record purporting
to be
the Official Gazette, or purporting to be electronic record directed by
any law to be
kept by any person, if such electronic record is kept substantially in
the form
required by law and is produced from proper custody."
13. After section 85,
the following sections shall be inserted, namely:-
"85A. Presumption as to electronic agreements.
The Court shall presume that every electronic record purporting to be
an agreement
containing the digital signature of the parties was so concluded by affixing
the digital
signature of the parties.
85B. Presumption as to electronic record and digital signatures.
(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 point of time to which the secure status relates.
(2) In any proceedings, involving secure digital signature, the Court
shall presume
unless the contrary is proved that
(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 the section shall create any presumption relating
to authenticity
and integrity of the electronic record or any digital signature.
85C. Presumption as to Digital Signature Certificates.
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."
14. After section 88,
the following section shall be inserted, namely
:-
88A. Presumption as to electronic messages.
The Court may presume that an electronic message forwarded by the originator
through an electronic mail server to the addressee to whom the message
purports to
be addressed corresponds with the message as fed into his computer for
transmission; but the Court shall not make any presumption as to the person
by
whom such message was sent.
Explanation.- For the purposes of this section, the expressions "addressee"
and
"originator" shall have the same meanings respectively assigned
to them in clause
(b) and (za) of sub-section (1) of section 2 of the Information Technology
Act, 2000;
15. After section 90,
the following section shall be inserted, namely
:-
"90A. Presumption as to electronic records five year old.
Where any electronic record, purporting or proved to be five years old,
is produced
from any custody which the Court in the particular case considers proper,
the Court
may presume that the digital signature which purports to be the digital
signature of
any particular was so affixed by him or any person authorised by him in
this behalf.
Explanation.- Electronic records are said to be in proper custody if they
are in the
place in which, and under the care of the person with whom, they naturally
be; but
no custody is improper if it is proved to have had a legitimate origin,
or the
circumstances of the particular case are such as to render such an origin
probable.
This Explanation applies also to section 81A."
16. For section 131,
the following section shall be substituted, namely
:-
"131. Production of documents or electronic records which another
person, having
possession, could refuse to produce.
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."
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