(80).-Power of police officer and other officers to enter, search,
(/) 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
(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
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
(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
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
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
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
(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
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
(a) the particulars relating to maintenance of data-base containing
the disclosure record of every Certifying Authority under clause (m) of section
(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,
(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.
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