CHAPTER XIII

MISCELLANEOUS  

(80).-Power of police officer and other officers to enter, search, etc.

(/) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any 2 of 1Ó74. other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected or having committed or of committing or of being about to commit any offence under this Act.

Explanation.—For the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any her place intended for use by, or accessible to the public.

(2) Where any person is arrested under sub-section (/) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.

(3) The provisions of the Code of Criminal Procedure, 1973 shall, subject to the 2 of 1974. provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section.

Act to have overriding effect.

80. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

(82).-Controllers to be public servants.

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. 45 of I860.

(83).-Power to give directions.

The Central Government may give directions to the Government of a State :,s to the carrying into execution in the State of any of the provisions of this Act

(84).-Protection of action taken in good faith.

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.

85.-Offences by companies.

(/) 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:

Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(2) Notwithstanding anything contained in sub-section (/), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Explanation,—For the purposes of this section,—

(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.

86.-Removal of difficulties

(1) If any difficulty arises hi 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:

Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

_INFORMATION TECHONOLOGY ACT 2000       THE INFORMATION TECHNOLOGY ACT, 2000 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY CLAUSES 1. Short title, extent, commencement and application. 2. Definitions CHAPTER II DIGITAL SIGNATURE 3. Authentication of electronic records. CHAPTER III

ELECTRONIC GOVERNANCE 4. Legal recognition of electronic records. 5. Legal recognition of digital signatures. 6. Use of electronic records and digital signatures in the Government and its agencies. 7. Retention of electronic records. 8. Publication of rules, regulation, etc., in Electronic Gazette. 9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form. 10. Power to make rules by Central Government in respect of digital signature. CHAPTER IV ATTRIBUTION, ACKNOWLEDGMENT AND DISPATCH OF ELECTRONIC RECORDS 11. Attribution of electronic records. 12. Acknowledgment of receipt. 13. Time and place of dispatch and receipt of electronic record. CHAPTER V SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES 14. Secure electronic record. 15. Secure digital signature. 16. Security procedure. CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES 17. Appointment of Controller and other officers. 18. Functions of Controller. 19. Recognition of foreign Certifying Authorities. 20. Controller to act as repository. 21. Licence to issue Digital Signature Certificates; 22. Application for licence. 23. Renewal of licence. CLAUSES 24. Procedure for grant or rejection of licence. 25. Suspension of licence. 26. Notice of suspension or revocation of licence. 27. Power to delegate. 28. Power to investigate contraventions. 29. Access to computers and data. 30. Certifying Authority to follow certain procedures. 31. Certifying Authority to ensure compliance of the Act, etc. 32. Display of licence. 33. Surrender of licence. 34. Disclosure. CHAPTER VII DIGITAL SIGNATURE CERTIFICATES 35. Certifying Authority to issue Digital Signature Certificate. 36. Representations upon issuance of Digital Signature Certificate. 37. Suspension of Digital Signature Certificate. 38. Revocation of Digital Signature Certificate. 39. Notice of suspension or revocation. CHAPTER VIII DUTIES OF SUBSCRIBERS 40. Generating key pair. 41. Acceptance of Digital Signature Certificate. 42. Control of private key. CHAPTER IX PENALTIES AND ADJUDICATION 43. Penalty for damage to computer and computer system, etc. 44. Penalty for failure to furnish information, return, etc. 45. Residuary penalty. 46. Power to adjudicate. 47. Factors to be taken into account by the adjudicating officer. CHAPTER X CYBER REGULATIONS APPELLATE TRIBUNAL 48. Establishment of Cyber Appellate Tribunal. 49. Composition of Cyber Appellate Tribunal. 50. Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal. 51. Term of office. 52. Salary, allowances and other terms and conditions of service of Presiding Officer. 53. Filling up of vacancies. 54. Resignation and removal. 55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings. 56. Staff of the Cyber Appellate Tribunal. 57. Appeal to Cyber Regulations Appellate Tribunal.

CLAUSES 58. Procedure and powemmittee

The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee.

(2) The Cyber Regulations Advisory Committee shall consist of a Chairperson and such number of other official and non-official members representing the interests principally affected or having special knowledge of the subject-matter as the Central Government may deem fit.

(3) The Cyber Regulations Advisory Committee shall advise—

(a) the Central Government either generally as regards any rules or for any other purpose connected with this Act;

(b) the Controller in framing the regulations under this Act

(4) There shall be paid to the non-official members of such Committee such travelling and other allowances as the Central Government may fix.

89.-Power of Controller to make regulations

(1) The Controller may, after consultation with me 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 (7) of section 34;

(f) the particulars of statement which shall accompany an application under sub-section (3) of section 35.

(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive- sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall there after have effect only in such modified form or be of no effect, as the ease may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.

90.-Power of state Government to make rules

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) 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 (/) 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, 1&91 shall be amended in the manner specified in the Third Schedule to this Act.

94.Amendment of Act 2 of 1934

The Reserve Bank of India Act, 1934 shall be amended in the manner specified in the Fourth Schedule to this Act.