THE SECOND SCHEDULE
(See section 91)
AMENDMENTS TO THE INDIAN EVIDENCE ACT,
(1 OF 1872)
When oral admission as to contents of electronic records ale
1. In section 3,—
(a) in the definition of "Evidence", for the words
"all documents produced for the inspection of the Court", the words
"all documents 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, 1999;
2. In section 17, for the words "oral or documentary,",
the words "oral or documentary or contained in electronic format shall be
3. After section 22, the following section shall be inserted,
"22A. Oral admissions as to the contents of electronic records
.are not relevant, unless the genuineness of the electronic record produced is
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.
Admissibility of electronic records.
5. In section 35, for the word "record", in both the
places where it occur, the words "record or an electronic record"
shall be substituted.
What evidence to be given when statement forms part of a
conversation, document, electronic record, book or series of letters or papers.
6. For section 39, the following section shall be substituted,
"39. 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
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.
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
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
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
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 powe showing that the electronic
record was produced by a computer;
(c) Dealing with any of the matters to which the conditions
mentioned in sub-section (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 purposes 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;
Proof as to digital signature
10.After section 67, the following section shall be inserted,
"67A. Except in the case of a secure digital signature, if the
digital signature of any subscriber is alleged o have been affixed to an
electronic record the fact that such digital signature is the digital signature
of the subscriber must be proved.".
Proof as to verification of digital signatures
11. After section 73, the following section shall be inserted,
"73A. 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 that person.".
Explanation.—For the purposes of this section,
"Controller" means the Controller appointed under sub-section (/) of
section 17 of the Information Technology Act, 1999.
Presumption as to Gazettes in electronic form
12. After section 81, the following section shall be inserted,
"81A. 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.".
Presumption as to Gazettes in electronic agreements
13. After section 85, the following sections shall be inserted,
"85A. The Court shall presume that every electronic record
purporting to be an agreement containing the digital signatures of the parties
was so concluded by affixing the digital signature of the parties.
Presumption as to electronic records and digital signatures
85B. (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 specific point of time to which the secure
(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 this section shall create any presumption relating
to authenticity and integrity of the electronic record or any digital signature.
Presumption as to electronic messages
85C. 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."
4. After section 88, the following section shall be inserted,
Presumption as to electronic messages
'88A. 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 clauses (b) and (z) of sub-section (/) of
section 2 of the Information Technology Act, 1999.
Presumption as to electronic records five year old
15. After section 90, the following section shall be inserted,
"90A. 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 person was so affixed by
him or any person authorised by AQ 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.".
Production of documents or electronic records which another person
having posession, could refuse to produce
16. For section 131, the following section shall be substituted,
"131. 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 50 person consents to their production.".
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