|
CONTENTS
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Sections
|
Particulars
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|
|
Preamble |
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|
s
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Chapter
I
|
Preliminary
|
|
1
|
Short
title, Extent, Commencement and application |
|
2
|
Definitions |
| s
|
s
|
|
Chapter
II
|
Digital
Signature |
|
3
|
Authentication
of electronic records |
| s |
s |
|
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 Government and its
agencies |
|
7
|
Retention
of electronic records |
|
8
|
Publication
of rule, 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 |
| s |
s |
|
Chapter
IV
|
Attribution,
Acknowledgement and Despatch of Electronic records |
|
11
|
Attribution
of electronic records |
|
12
|
Acknowledgement
of receipt |
|
13
|
Time
and place of despatch and receipt of electronic record |
| s |
s |
|
Chapter
V
|
Secure
Electronic records and secure digital signatures |
|
14
|
Secure
electronic record |
|
15
|
Secure
digital signature |
|
16
|
Security
procedure |
| s |
s |
|
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 |
|
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
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Surrender
of licence |
|
34
|
Disclosure |
| s |
s |
|
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 |
| s |
s |
|
Chapter
VIII
|
Duties
of Subscribers |
|
40
|
Generating
key pair |
|
41
|
Acceptance
of Digital Signature Certificate |
|
42
|
Control
of private key |
|
43
|
Penalty
for damage to computer, computer system, etc. |
|
44
|
Penalty
for failure to furnish information, return, etc. |
|
45
|
Residuary
penalty |
|
46
|
Power
to adjudicate |
|
47
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Factors
to be taken into account by the adjudicating officer |
| s |
s |
|
Chapter
X
|
The
Cyber Regulations Appellate Tribunal |
|
48
|
Establishment
of Cyber Appellate Tribunal |
|
49
|
Composition
of Cyber Appellate Tribunal |
|
50
|
Qualifications
for appointment as Presiding Officer for 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 |
|
58
|
Procedure
and powers of the Cyber Appellate Tribunal |
|
59
|
Right
to legal representation |
|
60
|
Limitation |
|
61
|
Civil
court not to have jurisdiction |
|
62
|
Appeal
to High Court |
|
63
|
Compounding
of contraventions |
|
64
|
Recovery
of penalty |
| s |
s |
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Chapter
XI
|
Offences |
|
65
|
Tampering
with computer source documents |
|
66
|
Hacking
with Computer system |
|
67
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Publishing
of information which is obscene in electronic form |
|
68
|
Power
of the Controller to give directions |
|
69
|
Directions
of Controller to a subscriber to extend facilities to decrypt information |
|
70
|
Protected
system |
|
71
|
Penalty
for misrepresentation |
|
72
|
Breach
of confidentiality and privacy |
|
73
|
Penalty
for publishing Digital Signature Certificate false in certain particulars |
|
74
|
Publication
for fraudulent purpose |
|
75
|
Act
to apply for offence or contravention committed outside India |
|
76
|
Confiscation |
|
77
|
Penalties
and confiscation not to interfere with other punishments |
|
78
|
Power
to investigate offences |
| s |
s |
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Chapter
XII
|
Network
service providers not to be liable in certain cases |
|
79
|
Network
service providers not to be liable in certain cases |
| s |
s |
|
Chapter
XIII
|
Miscellaneous |
|
80
|
Power
of police officer and other officers to enter, search, etc. |
|
81
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Act
to have overriding effect |
|
82
|
Controller,
Deputy Controller and Assistant Controllers to be public servants |
|
83
|
Power
to give directions |
|
84
|
Protection
of action taken in good faith |
|
85
|
Offences
by companies |
|
86
|
Removal
of difficulties |
|
87
|
Power
of Central Government to make rules |
|
88
|
Constitution
of Advisory Committee |
|
89
|
Power
of Controller to make regulations |
|
90
|
Power
of State Government to make rules |
|
91
|
Amendment
of Act 45 of 1860 |
|
92
|
Amendment
of Act 1 of 1872 |
|
93
|
Amendment
of Act 18 of 1891 |
|
94
|
Amendment
of Act 2 of 1934 |
| s |
s |
|
Schedules
|
s |
|
Schedule
1
|
Amendments
to the Indian Penal Code |
|
Schedule
2
|
Amendments
to the Indian Evidence Act, 1872 |
|
Schedule
3
|
Amendments
to the Bankers' Books Evidence Act, 1891 |
|
Schedule
4
|
Amendments
to the Reserve Bank of India Act, 1934 |
