r REGISTERED JIm. DL-{N)0.4fOOIl1/20OJ-09 _... I
Cfi1
~h~ ~a~ette (j{~i4
...."""
EXTRAORDINARY
1{flT n - 1JlI'I" 1 PARTn-Sectioo 1 _ .. 1R01lr.l
PUBUSHED BY AUTIiORrIY -.;. 131
No. B)
':ri~. ,@w!'llcm,~ 5, 2009 /16 lUtl, 1930 NEW DELHI. THURSDAY, FEBRUARV 5. 2009/16 Magba, 1930 l" 'Il'I ~ 1'R 'l" _ "
MJNISTRY OF LAW AND JUSTICE
(Legislative Department) New Delhi. the 5th February, 2009/Magha 16. 1930 (Salca) The following Act of Parliament received the assent of the President on the 5th February, 2009, and is hereby published for general infonnation:-
DiE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008
No. 10 OF 2009
[5th February, 2009.)
AnAct further to amend the Infonnation TechnologyAct, 2000. BE it enaeted by Parliament in the Fifty-ninth Year of the Republic oflndJa as: follows:-
PART I
\ PRELIMINARY
I. (I) This Act may be called the Information Technology (Amendment) Act,
2008.
Sholl {ilk and
(2) 11 shall come into force on such dal~ as th~ CenU'll.l Government may. by notification in the Offic ial Ga:zene. appoint:
Provided thai different dales may be appoimed fot different provisions ofthis Acl and any reference in any such pro\'ision 10 the comm~ncemenl of this Act shall be construed as a reference LO the coming into force of thai provision.
l
1
2 THEGAZETTEOFINDIA EXTRAORDINARY [P.wU-
,
Sub$liwtlon of wOlds "dilltal SlJD&t\ll~~ by _.. ~decuollit
S;1PI1UU"
PARTU
Ao,(£O,'DMENTS to THE lNFoRMAnON TfCHNOLOGY Act, 2000
1. In the Information Technology Act, 2000 (hereinafter in this Pan referred to as the principal Act), for the 'words "digital signature" occurring in the Chapter, section. sub- section and clause referred to in the Table below, the words "electronic signature" shall be substitUted. ...
21 o! 2000
S.No.
(I)
(2)
(3)
(4)
(S)
(6)
(I)
(J)
(9)
(10)
(I I)
(12)
(13)
(14)
(IS)
(16)
(17)
(18)
Cbapter/sectionlsub-seaioniclause cia..... (d), (g), (h) and (,g) of S
5 and its marginal heading; marginal heading ofsectioD 6;
clauses (a), (b), (e) and (e) ofsection 10 and its nwginal heading; beading ofChapter V;
clauses (I) and (g) ofsection 18;
sub-section (1) of section 19;
sub-sections (1) and (1) ofsection 21 and its marginal heading; sub-section (3) of section 25;
clause (e) of5CC1ion 30;
clauses (0) and (d) ohub-section (J) and sub-section (1) of section 34; heading ofChapter VD;
section 35 and its marginal heading;
section 64;
section 11;
sub-section (1) of section 13 and its marginal heading; section 74; and
clauses (d), (n) and (0) ofsub-section (1) ofsection 87.
"m~nlim~nl of JetllOD I. Am~ndm~nl of sethOD 2
3. In section 1ofthe principal Act, for sub-section (01), the follo ....ing sub-sections shall be substiwltd, namely:-
"(01) Nothing in this Act shall apply to documents or transactions specified in the First Scbedule:
Provided that the Central Government may, by notification in the Official Gazette, amend the First Schedule by way ofaddition or deletion ofentries therelO. ($) Every notification issued under sub-section (01) shall be laid before each House ofParliamenl".
".In section 2 ofthe principaJAct,-
(A) after clause (h), the following clause shall be insened, namely:-
'(hal "communication device" means cell phones, personal digital assistance Of combination of both or any other device used to communicate, send or tran.s.Jtll:t any text, video, audio or image;';
(8) for clause (j), the following clause shan be substituted, namely:-
'(J) "computer network" means the inter-connection of one or more computers or computer systems or communication device through-- (,) the use ofsatellite, microWlve, tcrrestrialline, wire, wireless or other communication media; and
(n) terminals or acomplex consisting ofN"O or more inler
2
SEC. I] TIlE GAZE1TE OF INDlA EXTRAORDINARY 3 (q in clause (17), the \\'Ord "Regulations" shall be omined;
(D) aftertlause (n), the following clauses shall be inserted, namety:-
'(no) "cyber cafe" means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;
(nb)"cyber security" means protecting information, equipment, devices, computer,
computer re5OW'CC. communication device and infonnation stored therein from unauthorised access, use, disclosure, disruption, modification or destruction;' .
(E) after clause (I), the following clausu shall be inserted, namely:-
'(ra) "electronic signature" means authentication ofany electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;
(rb) "Electronic Signature Cenificate" means an Electronic Signature Certificate issued under section 3.5 and includes Digital Signature Certificate;';
(f) after clause (II), the following clause shall be inserted, rwnely:-
'(110) "Indian Computer Emergency Response Team" means an agency established under sub-section (J) ofscction 10B;';
(G) in clause (\I), for the words "data, lext", the words "data, message, text'" shall be substituted;
(If) for clause (w), the following clause shall be substituted, namely:-
'(w) "intennediary", with respec1to any particular electronic records, means any person who on behalfof another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providm. internet
service providers, web- hosting service providers, search engines, online payment sites, online-auction sites, online-marktt places and cyber cafes;'.
5. In Chapter II ofw principal Act, for the heading, the heading "DIGITAL SIGNA1'UkE AND £UC11U)S!C SIO""nJRE." shall be substituted.
6. After section 3 of the principal Act, the following section shall be insened, namcly:-
"3A. (J) Notwithstanding anything contained in section 3, but subject to the previsions ofsub-section (2), a subscribtt may authetltieate any electronic record by sucb electronic signature or electronic authentication technique \IIticb-
(o) is ronsidered reliable; and
(b) may be specified in the Second Schedule.
(2) For the purposes of this section any clectronic signature or electronic authentication technique shall be considered reliable jf-
(a) the signature creation data or the authentication data are, within the conteXi in which they are u.sed, linked to the signatory or, as thecase may be, the authenticator anC\ to no other person;
(b) the signature crution data or the authentication data were, at the time of signing, under the control of the signatory or, as the taSe may be, the autheotieator and of no other person;
(c) any ahenltion to the electronic signature made after aft1xing such signature is detectable;
(d) any alteration to the infonnalion made lIIfter its authenticalion by. electronic signature is dctectable; and
(c) it fulfils such other conditions which may be prescribed. Atnmdmellt of
hndllli of
CblplCI II
Insertion of
new scetlon
3A-
3
4 TIlE OAZETIE OF INDIA EXTRAORDINARY
[p"",n- IDSUlIOD or Il~ sC'Clioo 'A.
Delivery or J(tVK;e11 by savic:e
provider
hucl1ioll of oew section lA.
Awl!! or
6oc:amcl'IIS, clc.,
1IW1IUlUIoCd III dcclrOlllC
rom
1llJcrtin o(
""""...IDA. VlhdJtY or cOlltratll (onaN ,...... dCC1JODIt m~.
(3) 'The Central Government may prescdbe the procedure for the purpose of ascertaining whether electronic signature 15 that ohhe peoon by .....hom it is purponed to have been affixed or authenticaled.
«() The Central Govemmelll may, by notification in the Official Gazette, add to or omit any electronic signatUre or electronic atrthmtication lechnique and the procedure for affixing such signatUre from the Second Schedule:
Provided that no electtonic signature or authentication technique shall be specified in the Second Schedule unless sucll sigDJture: or technique is reliable.
(5) Every notification issued under sub-section «() shaJl be laid before each House ofParliamenL".
7. After section 6 of tile principalAe:t, the following section shall be inserted, namely.- '6A. (J) The appropriate Govenunent may. forlhe purposes oflhi! Otapter and for efficientdelive:ryofservices to the public through electronic meart5 authorise, by order, any service provider to set up, maintaio and upgrade the computerised facililies and perform such other services as it may specify by notification in !he Official Gazette.
EzplanDrion.-For the purposes ofthis section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance .....ith the polic), governing such service sector.
(2) The appropriate Governmenl may also authorise any service provider aulborised under su1Hection (I) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Governmenl for the purpose: of providing such services, from the person availing such service.
(1) Subject to the provisions of sub-section (1), the appropriate Governmenl may authorise the service providel1i to collect, retain and appropdate service charges under this section notwithstanding the faci that there is no express provision under the Act, rule, regulation or notification under which the servi~ is provided to collect, relain and appropriate e-service charges by Ihe service providers. «() The appropriate Government shall, by notification in the Official Ga.zene, specify the scale of service charges which may be charged and collected by the service providers under this section:
Provided that the appropriare Government may specify differenl scale of service charges for different types ofservices.'.
8. Aftersection 7 ofthe principal Act, the following se<:tion shall be inserted, namely:-
"7A. Where in any law for the lime being in force, there is a provision for audit of documents, records or infonnalion, that provision shall also be applicable for audit of documents, records or information processed and maintanincd in the electronic fonn.".
I
9. After section 10 of the principal Act, Ihe follo.....ing section lhal! be inserted, namely.-
"lOA. Where in a contract fonnation, the: communicalion of proposals, !he atceptance of proposals, the revOClllion of proposals and acceptances, as the case may be. are expressed in dectronic form Of by means of an electronic record, sutb contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means W&S used for that purpose.".
4
SEC. IJ TIlEGAZE1TEOFINDIA EXTRAORDINARY5 JO. In section 12 afme principal Act, in sub-section (I), for the words "agreed with the addressee", the word "stipulated" shall be substituted.
11. For sections 15 and 16 of the principal Act, the following sections shall be substituted. namcly:-
'IS. An deC-trunK: signature shall be deemed to be a secure electronic signature if-
(,) the signature creation data, at the time ofatrwng signature, "''as under the exclusive cOlltrol of signatory and no other person; and (il) the signature creation data was stored and affixed in such exclusive manner as may be prescribed.
ExpIQllQljon.-ln case of digital signature, the "signature creation dara" means the private key orth.: subsaiber.
16. The Central Government may, for the purposes of sections 14 and IS. prescribe the security procedures and practices:
Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature oftransaetions and such other related factors ItS it may consider appropriate.'.
12. In section 17 ofthe principal Act,-
(a) in sub·section (/), for the words "and Assistant Controllers", the words
", Assistant Conr.rollers, other officers and employees" shall be subrtiuted; and
(b) in sub-stC1ion (4), for the words "and Assistant Controllers", the words
", Assistant Controllers, other otrtCen and employees" shall be substituted....
13. Section 20 oflhc: principal Act shall be omined..
14. In section 29 of the principal Act, in sub-section (/), for the words "any conuavention of the provisions of this Act, rules or regulations made thereunder", the words
"any contra\lC'ntion of the provisions of this Chapter" shall be substituted. IS. In section 30 of the principIlIAct,-
(,) in clause (c), after the word "assured", the word "and" shall be omitted; (il) after clause (e), the following clauses shall be insened, rwnely:-
"(CD) be the repository ofall Electronic Signalurt cmi6eates issued under this Act;
(cb) publish infonnation regarding iu practices, EI~onic Signature Certificates and current SlaNS ofsuch cenificates; and".
16. In section 34 ofthe principal Act, in sub·section (I), in clause (a), the words "which contains the public key corresponding to the private key used by that Certifying Authority to digitally sign another Digital Signature Certificate" shall be omitted.
17. In section 35 ofthe principal Act, in sub-section (4),- \
(a) the first proviso shall be omitted;
(b) in thesecond proviso, for the words "Provided furtber",lhe word "Provided"
shall
be substituted.
18. In seamn 36 ofthe principal Act, after clause (c), the following clauses shall be inserted, namely:-
"(co) the subscriber holds a private key which is capable of creating a digital signature;
(cb) the public key to be listed in the certificate can be used to verify a digital signatllTe affixed by the pri\l8le key held by the subscriber,".
Amendment
or s«lion 12.
Substllution or
new setlionl
ror setlioas
IS ud 16
s==
ele:clronlc
sip.atulc
Amendmcnt or
section 17
Omissioa or
scetion 20
Ameodmenl or
setlion 29
Amendmenl or
scellon )0
Amendmcnl or
sectIOn 14.
Amelldment or
SecliOll 3~
Amc:ndmCIII or
seellon 36
5
6 THE GAZETTE OF INDIA EXTRAORDINARY tp"",u- hUCrtKlII of
oew section
'OA
I)u,l1tf of
nlmribcr of
Electroolc
'-""'Certlficatc.
19. After section 40 of the principal Act, the following section shall be inserted, namely:-
"40A.ln respect ofEleetronic Signature Certificate the subscriber shall perform sucb duties as may be prescribed....
Amcadmcllf or 20. In OIapter IX of the principal Act, in the heading, fOf the words "Paw.T1E5 AND ltetdin. of ADJUDICATION It, the words "PENAl.IIES, COMPESSAnON AA'D ADnroJeAnON" shall be substituted. Clupler IX
Amendment of
seetlon 43.
luertioo or
IKW lCCllOlI
"3A. CompcllU1l011 fot wlurc 10 PfU'IClOt d.la.
21. In section 43 ofthe principal Acl,-
(0) in the marginal heading, for the word "Penalty", the words "Penalty and Compensation" shall be substituted;
(6) in clause (a), after the words "computer network", the words "or computer resource" shall be inserted;
(c) after clause (h), the following clauses shall be insened, namely:-
''(I) dc:stroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it irYwiouslyby IVl)' means; (J1 steal, conceals, destroys or alte:n or causes any person to $leal, conceal, destroy or aile:! any computer source codeu~ for acompUler resource with an intention to cause damage;";
(d) for the ponion hegining with the words "he shall be liable to pay damages"
and ending with the \\'Ords "persons so affected" the following shall be substituted, namely:-
"he: shall be liable to pay damages by way ofcompensation to the person so affected"';
(e) in the ExplanatIOn, after clause (tv), the following clause shall be inserted, namely:-
'(v) "computer scutte code" means the listing of programmes, computer commands, design and layoul and programme analysis ofcomputer resource in any form....
22. After section 43 of the principal Act. the following section shall be insened, namely:-
'43A. Where I body corporate, possessing, dealing or h.andling any sensitive personal data or information in a computer resource which it owns. controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and Ihereby causes wrongful Ion or wrongful gain to any person, such body corporate shall be liable 10 pay damages by way ofcompensation 10 the person so affected.
Explaflarlofl.-for the purposes of this scction,-
(l) "'body corporale" means any company and includes a firm, sole proprietorship o. other association of individuals engaged In commertial or professionaJ activities;
(iI) "reasonable securily practices and procedures" means security practices and procedures designed 10 protte't such infonna1ion from unauthorised access, damage, usc, modIfication, disclosure or impainnmt, as maybe specified in an agreement be:twc:cn the parties or as may be: specified in any law for the: time being in force and in the absence ofsuch agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central"
Govemmc:m in conSultalion with such professional bodies or associalions as it maydeem frt;
6
SEC. 1] THE GAZEITE OF INDIA EXTRAORDfNARY7 (tii) "5ensitive personal data or information" means such personal infonnation as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.'.
23. In section 46 of the principal Act,- Amrnllmelll of ~eclion 46.
(Q) in sub-section (1), for the words "direction or order made thereunder", the words "direction or order made thereunder which renders him liable to pay penalty or compensation." shallbesubstituted;
(b) after sub-section (I), the following sub·seclion shall be inserted, namely:-
"(/A) The adjudicating officer appointed under sub-section (1) shall exercise jwisdiction to adjudicate matters in \\-llich the claim for injury or damage does not exceed rupees five crore:
Provided that the jurisdiction in respect ofthe claim for injury or damage exceeding rupees five crore shell vest with the competent court.";
(e) in sub-seclion (5), after clause (b), the following clause shall be inserted, namely:-
5 of 1901
"(c) shall be deemed to be a civil court for purposes ofOrder XXI ofthe Civil ProccdureCode, 1908.".
24. In Chapter X of the principal Act, in the heading, the word "R.EoUt.AnONS" shall be omitted.
25. In section 48 ofthe principal Act, in sub-section (1). the word ''Regulations'' shall beomined.
26. For seclions 4910 52 ofthe prindpalAcl, the following seclions shall be substituted, namely:-
"49. (1) The Cyber Appellate Tribunal shall consist ofa Chairperson and such number of other Members. as the Central Government may. by notification in the Official Gazette, appoint
Provided that the person appointed as the Presiding Officer oflheCyber Appellate TribWlaJ under the provisions ofthis Act immediately before the commencement ofthe Information Technology (Amendment) Act, 2008 shall be deemed to have been appointed as the Chairperson oflhe said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008.
(2) The seleclion ofChairperson and Members ofme Cyber Appellate Tribunal shall be made by the Ccotral Government in consultation with the Chief Justice of India.
(3) Subject to the provisions of this Act-
(0) the jW'isdiction, powers and authority o(the Cyber AppellateTribunal may be exercised by the Benches thereof;
\
(b) a Bench may be constituted by the Chairperson ofthe Cyber Appellate Tribunal with one or two Members of such Tribunal as the Chairperson may deem fit;
(c) the Benches ofthe Cyber AppellateTribunal shall sit at New Delhi and at such other places as the Central Government may. in consultation with the Qlairperson ofthe Cybc:rAppellate Tribunal, by notification in the Official Gazette. specify;
Ameqdmenl of
hading of
Chapter )(
Ameollm:nl of
section 41.
Substitution of
oew ~IOlU
fol seCTions 49
to 51
Composition
of C)'ber
Appcllilt
Tnbunal.
7
8 THE GAZETTE OF INDIA EXTRAORDlNARY Quali(IUI)ou'
ror .ppoull·
rnc:nl aJ
Cbluper.on
udMembm
.fCyba
Appellile
Tribv.nll
Term of
omee,
eondllions or
•ervitc, ele, or Cblirperson lnd Members. '''''Y.
•Uo"'uceslnd other 1c.rmJ aod eondlltorlS or .eJlIlce or Cb.UperlOli aod MC'mbm. POWell or -- dlrecllon, ele
(d) the Central Government shall, by notification in the Official Gazeue. specify the areas in relation to whK:.b each Bench ofthe Cyber Appellate Tribunal may exen::ise its jmisdietion.
(f') Notwithstanding anything oonlained in sub-section (J), the Chairperson of the CyberAppella~Tribunal maytransf" a Member ofsuch Tribunal from one Bench to another Bench.
(j) If" any smge ofrh< hearing ofany"""Of manor it appem 10 rh< Chairpcr>on or a Member ofthe CyberAppellateTribunal that the caseor maner isof~ a nanue dw it ought to be beard by a Bcnth consisting ofmore Members, the case or m.aner may be IranSferred byIbe Chairperson 10 such Bench as the Chairperson may deem fiL
50. (I) A penon shaH not be qualified for appointment as a Chairperson ofthe Cybc:r Appellate Tribunal unless he is. or has been, or is qualified to be, a Judge of a HighCoun..
(1) The Mmbers ofthe CyberAppellate Tribunal. except thc: Judicial Member to be appointed under sub-section (J), shall be appointed by the Central Government from amongst persons, baving special knowledge of, and profe$!lional experience in, informalKm tc:ehnoiogy, ttlecommunication, industry, managementorconsumer affairs:
Provided that a person shall not be appointed as a Member, unless he is, or has bttn, in the service oftheCentral Government or a SlateGovernmenl, and has held the post ofAdditional Secretary to the Government ofIndia or any equivalent post in the Central Government or Slate Government fora period ofnot less than one yearor Joint Secrewy to the Government of india or any equivalent post in the Cenua! Government or State Government for a period of not less than seven years.
(1) The Judicial Members ofthe Cyber Appellate Tribuna.! shall be appointed by the Central Governmenl from amongst persons who is or has been a member of the Indian Legal Service and has held the post ofAdditional Secretary for a period of not less than one year or Grade 1post ofthat Service for a period ofnot less than five years.
51. (I) The Chairperson or Member ofthe Cybc:r Appellale Tribunal shall hold office for a tenn of five years from the date on which he emers upon his office or until he aRains the age ofsixty· five years, whichever is earlier.
(2) Before appointing any person as the Chairperson or Member of the Cyber Appellate Tribunal, the Central Governmenl shall SBlisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as !UCb Chairperson or Member.
(J)An officerofthe Central Government or Slate Government on his selection as the Chairperson or Member ofthe Cyber Appellate Tribu:.lal. as the case may be, shall have 10 retire from service before joining 15 sucb Chairperson or Member.
52. The salary and al!o"'-ances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Chairperson or a Member ofth~Cyber Appellate Tribunal shall be such as may be prescribed. 52A. The Chairperson of the Cyber Appellate Tribunal shall have powers of general superin~ndence and directions in the conduct ofme affairs of that Tribunal and he shall, in addition to presiding over the meetings of the Tribunal, exercise and di5charge such po'Wer5 and functions of the Tribunal as may be prescribed.
8
Sec. I) 11lE GAZETIE OF INDIA EXTRAORDINARY 9
528. Where Benches are constituted, the Chairperson aCthe Cyber Appellate Tribunal may. by order, distribute the business of that Tribunal amongst the Benches and also the maners to be dealt with by each Bench.
52e. On the application orany oCttle parties and after notice to the parties, and after hearing such of them as he may deem proper to be heard, or mo motu without such notice, the Chairperson of the Cyber Appellalc Tribunal may UllnSfer any case pending before one Bench, for disposal to any other Bench.
520. Ifthe Membel'1 oca Bench consisting ofrwo Members differ in opin~on on any point, they shall suue the point or points on which lbeydiffer, and make a referenee to the Chairperson aflhe Cyber Appellate Tribunal \\110 shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority ofthe Members who have heard the case, including those who first heard it.n•
27. In section 5] of the pnncipaJ Act, for the words "Pmiding Officer", the words
"Chairperson or Member, as the C8S(' may be," shall be substituted.
28. In section 54 ofthe principal Act, for the words "Presiding Officer" wherever lhey occur, the words "Chairperson or the Member" shall be substituted. DLStJibo!lon
ofbusl.llQS
,mollC
BQcbcs.
Pown of
Cbllrpusoll
10 IMlnlftl cases,
ADlrndm.e:1l of SCCtJOt! 53 Ameodmcol
of seclioB 54 ! ,
29. In S«tion 55 of the principaJ Act, for the words "Presiding Offic:er", the words Anl;cndmul
"Chairperson or the Member" shall be substituled. of S«11Of1 j5
30. In section 56 of the principal Act, for the words "Presiding Officer", the word Amtndm~DI
"Chairperson" shall be substituted. of s«11011 .56 H or 1160
45 of 1160.
31. In section 64 of tile principaIAct,-
(I) for the W'()l'd!; "penalty imposed", the words "penalty imposed orcompensation awarded" shall be substituted;
(iI) in the marginal heading, for the word "penalty", the words "penalty or compensation" sball be substituted.
32. For sections (j(j and 67 of the principaJ Act, the following seWoRS shall be substituted, namely:-
'66. Iran)'person. dis.'1ooest1y or frauduJentJy, t:ocs anyact referred to insectioo 4), he shall be punishable wi'th imprisonment for a tenn whkh may extend to three )'WS or""ith fine which may extend to five 1akh rupees or with both.
Expla1ll1tion.-For the purposes of this section,-
(a) the wml"dahonestly" shall havethc: meaning assigned 10 it in section 24 ofu.e Indian Penal Code;
(b) the word "ftaudulently" shall have the meaningassiBned to it in section 25 oftbe Indian Penal Code.
66A. Any person who sends, by means of a computer resource or a communication device,---\
(a) any information that is grosslyoffensive or has menacing character; or
(b) any informalion which he knows to be false, but for the purpose of causing annO)'aIlce, inconvenience, danger, obstruction, insult, injury, criminal intimidation, mnity, hatted or ill wil~ persistently by making use ohuch computu resource or Ii communication device; or
(e) any electronic mail or el~ctronicmail mnsage ror the purpose ofcausing annoyance or inconveni~ce or to deuh·~or to mislead the addressee or recipient about th~ origin of sueb messages,
Amendmtllt
of scelJOtl 64
Sgbsull.tioB of
nc"" $C~tJODS
(01 sotlUHU 66
and 67
CllIlIputer
related
ofTttI'"
PlI.,5hme.1
for ICDdmJ
otrcnsin
""""" tllrollJb commllDatJOn stmcc. eftc
9
10 THE GAZETTE OF INDIA EXTRAOROINARY
Panllllmc.at
ro<
dllbOlitSlly
fec:CIVllI1
Ilole.
eompUler
"""""" -- deY!"
Pvnlillmcl:l1 for idelltuy lileft
PUlluhmell1 for chulinl by
pC.JSonilion byUJin&
computet
tUOUtl:C
Plmllhmclll fot violillon of pnvlcy.
PUlusllmcnl for C)·bet
ICRomm.
shall be punishable with imprisonment for a term which ma)' extend to three years and ....ith fine.
E.zplanation.- For the purposes of this section, lerm5 "eleeuonic mail" and
"electronic mail message" means a message or information created or transmitted or received on acomputer. compUtei' system, computtr resource or communication device including .ttaclunents in text. image, audio. video and an)' othtr electronic record, which may be transmitted v.ith the message.
668. Whoever dishonesll)' receives or retains an)' stolen computer reS01!rce or communication device knowing or having rta50nto bcliC'o'e the same to be stolen computer re:souttt or communication device. shall be punished with imprisonment ofeither description for aterm which may extend to three years or with fine which may extend to rupees one Iakb or with both.
66C. Whoever, fraudulentl)' or dishonestly make use of the electronic signature, pas5y.1)rd or an)' other unique identification feature ofany other person, shall be punished with imprisonment ofeither de.scription for I term which may extend to three years and shall also be liable to fine which may extend to rupees one Iakh.
660. Whoever, by means ofany communication device or computer resource cheats by personation, shall be punished with imprisonment ofeither description for a teno ....'hich mayextcnd to lhree)ltlUS aOO sba11 aIJo be liable to finc",tuch lM)'exttnd to one Iakh rupee$. 66£. Whoever. intentional I)' or knowingly captures. publishes or transmits the image ofa privale area orany person witham his or her consent, under circumstances violating the privacy ofthat person, shall be punished with imprisonment which may extend 10 lhree)Ur1 or with fine not exceeding two lakh rupees. or with both.
Explanalion.- For the purposes of this section--
(a) "transmil" means 10 electronically send a visual image with the intent thai il be viewed by a person or persons;
(b) "capture", with respeclto IIJ'l image, means to videolapc, photograph. film or record by any means;
(e) "'private area" means Ute naked or undergannent clad genilals, public area, buttocks or female breast;
(d) "'publishes" means reproduction in the printed or electronic fonn and making it available for publiC;
(e) '"under circumstances violating privacy" means circumstances in which a person can have II reasonable expectation that-
(J) he or "'e could disrobe in privacy, without being concerned that an image ofhis private area was being capnued; or
(il) any pan of his or her private area would not be visible to the public, regardless of v."belher that person is in a public or private place. 66F. (I) Wboevor,-
(A) v.ith intent to threaten the unity, integrity, security or sovereignty oflndia or to strike terror in the people or any section oftbc people by- (¥) denying or cause the denial of access 10 any person authorised to access computer resource; or
10
Sa:. I]
THE GAZETIE OF INDIA EXTRAORDINARYII
PUllishmClI1
for pobhsltlIll
Pwtl.Sbmellt lOr
pubh,hllli IIf
trlllAllllllll' of
mltaial
tc.lu'l.IuIII
""",Ur cxphtl1 kt,. etc.. III clcartlGlC rom.. (;1) attempting to penetrate or access a computer resource without authorisation or exceeding authorised accesS; or (Iii) introducing or causing to introduce any computer contaminant, and by means ofsuch conduct causes or is likely to cause death or injuries to persons or damage to or destrUction ofpropeny or disrupts or knowing that it is likely to cause damage or disruption of su~pliesor services essential to the life aCthe community or adversely affect the critical infonnation infrastructure $pecified under seetion 70; or
(B) knowinglyor intentionally penetrates or acces~a computer resource without authorisation or exceeding authorised access, and by means ofsuch conduct obtains access to information, data or computer database that is rcsU'ictcd for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that sucb informalion, data or computer database 50 obtained may be used to cause or likely to cause injury to the interests of lhe sovereignty and integrityoflndia, the security oflhe State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt ofcourt, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise,
commits the offence ofcyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment v.'hich may cxtend to imprisonment (or life.
61. Whoe\'er publishes or transmits or causes to be published or transmitted in the electronic fonn, any material which is lascivious or appeals to the prurient interest or ifits effect is such astotend10dcprave and corrupt persons who arc likely, having or trlllSQIlllla,
regard to all relevant circumst.anees. to read, sec or hear !he martel" contained or cmbodied cbiurJc in it, shall be punished 00 first conviction with imprisonment ofeither description for malenal til a term \\'bieb may extend to three years and with fine ",..hich may extend to five lakh c1CCt:nllllt
• form rupees and in the c..ot;nt of stcood or subsequent conviction with unprisonment of cithcr description for a term which may eX:lcnd to five years and also with finc which may cxtcnd10ten l&kh rupees,
67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic fonn any material which COnlalns sexually cxplicit ael or conduct shall be punisbed on first convielion with imprisonment of eith"" description for a tenn which may extend to fivt years and with fine which may extend to ten Iakh rupees and in the eVenI ofsecond Drsubsequent conviction with tmpriso~lof eitherdescriprlon for a u:nn \\'llicb mayextenc1 to S(\'cn years and also with fine \\hich may extend to ten lakb rupees.
678. Whoever,-
(0) publishes or tnlnsmits or causes to be published or transmitted material in any elc<::tronic form \\'hich depicts children engaged in sexuallyexplicit act or conduct; .,
(b) creates text or dig\w images, collects, seeks, brO\\'5tS, oo\\lIloads, advertises, promoteS, exchanges or distributes material in an)' electronic form depicting children in obscene or indecelll or sexually explicit manner; or
(c) cultivates. entices or induces children to onlinc relationship \\ith one or more children for and on sexually explicit aCI or in a manner thai may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online; or
(e) t~rds in any electronic form o\\n abU$t or that of others penaining 10 sexually explicit act with children,
P'IlnishlllC'1t1
(or publLShlDl
or tnnsml1111l1
of mltcflll
dcpltlllll
~llderl ia
sexully
expltt"u Kt,
=.m
clcttl1lltic
(orm
11
12 THE QAZEITE OF INDIA EXTRAORDINARY [PARTU- Pruerv'fion
&lid rtf til lion
of informuiotl
by
IDlQmcdlJriu.
Ammdmttlf of
StthOti 61
SubslltlUion of
IIC1Il' StcllOas
(or SCClIOll 69
Po...~r 10 - direclioos for
IIltcrctplloll
Of mOllllonnl
or dccrypfion
of 1tI)'
'G(OmllliOIl
rhrovp &tIy
computtr
resource,
shall be punished on first con\iction with imprisonment ofeither description for a term ~ich may extend to five years and with fine which may extend to ten lakh rupees and in the event ofsecond or subsequent conviction with imprisonment ofeither discription for a term which may extend to seven )'ears and also with fine which may extend to ten lill rupees:
Provided that provisions of section 67, section 67A and this section does not extmd to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic fonn-
(I) the publication ofwhich is proved to be justified as being for the public good on the ground that such book, pamphlet, papet', ""Tiling, drawing, painting representatiorl or figure is in the interest ofscience, Iiteraturt, art or learning or other objects ofgeneral concern; or
(il) which is kept or used for bonafitk heritage or religious purposes. £Xplano/lon..- For the purposes of this section, "children" means a person who has not completed the age of 18 yurs.
67C, (I) Inlermediary shall preserve and retain sU<:h information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
(1) Any intermediary who intentionally or knowingly contravenes the provisions ofsub-section (I) shall be punished with an imprisonment for aterm which may extend to three years and shall also be liable to fine,'.
33. In section 68 of the priocipalAet, for sub-section (1), the following sub-section shall
be: substituted, na.mely.-
"(2) Any person who intentionally or knowingly fails to comply with any order under sub--section (I) shall be guilty ofan offence and shall be: liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lill rupees or with both.n,
34. For section 69 of the principal Act, the following sections shall be substituted, namely:-
'69. (I) Where the Cenlral Government or a State Government or any of its officers speciallyauthorised by the Central Government or the State Government, as the case may be. in this behalfmay, ifsatisfied that it is necessary or expedient so 10 do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence. relating to above or for investigation ofany offence, it may subject to the provisions of sub-section (1). for reasons to be recorded in ",,'riling, by order, direct any agency of the appropriate Govemmenl to intercept, monitor or detrypt or cause to be intercepted or monitored or decrypted any infonnation generated, transmitted, received or stored in any computer resource.
(1) The proc~ure and safeguards subject to which sucb interception or monitoring or decryption may be eatried out, fhall be such as may be prescnbed.
(3) The subscriber or intermediary or any person in-charge afthe complJter resource shall, when called upon by allY agency referred to in sub-section (I), extend all facilities and technical assistance lO-
(0) provide access to or secure access to the computer resowce generating, transmining, receiving or Sloring such information; Of
(b) intercept, monitor, or decrypt the information, as the case may be: or
(e) provide information stored in computer resource.
•
12
Soc. I] 1lfEGAZETTE OF INOlA EXTRAORDINARY
(4) The subscriberor intermediary or any person who fails to assist the agency referred 10 in sub-section (J) shall be punished .....ith imprisonment for a term which may extend to seven years and shall also be liable to fine.
69A. (I) Where the Central Government or any afits officers specially authorised by it in this behalfis satisfied that it is necessary or expedient50 to do, in the interesto(sovcreignty and integrity of India. defence of India, security afthe State, friendty relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject 10 the provisions ofsub-section (2), for reasons to be recorded in writing. by order, direct any agency of the Go\'emmeni or intermediary to block for access by the public or tause to be blocked for IlC«SS by the public any information generated, transmined. received, stored or hosted in any computer resoun::e.
(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out. shall be such as may be prescribed.
(J) The intermediary who fails to comply with the direction issued under sub-section
(I) shall be punished with an imprisonmtnt for a term which may extend to seven years and shall also be liable to fine.
698. (I) TheCentral Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread ofcomputer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Qovernment to monitor and collect traffic data or information generated, transmined, received or stored in any computer resource.
(2) The intermediary or any person in-eharge or the. computer resource shall, when called upon by the agency which has been authorised under sub-section (I), provide technical assistance and extend all facilities to such agency 10 enable online access or to secure and provide onlineacccss to the computer resource generating, transmitting, receiving or storing such uafftcdata or information.
(J) The p~dure and safeguards for monitoring and collecting traffic data or information, shall be such as tr.ay be prescribed
(~Any intennediary who intentionally or knowingly contravenes lhe provisions of sub-section (1) shall be punished with an imprisonment for a term which any extend 10 three years and shall also be liable to fine.
Explonalion.-For the purposes of this .scction,-
(I) "computer contaminant" shall have lhe meaning assigned to it 10 section 43j (il) "mffic data" means any data identifyingor purporting (0 identify any person, computer syslem or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, date, size, dUJ1tion or l)'PC ofuDderlying service and any other mfonmllion.'.
35. In section 70 of the principal Act.-
(a) for sub-section (I), the following sub·section shall be substituted, namely:- \
'(/)11\e appropnateGovenuncnt may, by notification in the Official Gazette, • declare an)' computer resource which directly or indirectly affccts the facilityof Criticallnfonnation Infrastructure, to be a protected system. Explonation.-For lhe purposes of lhis section, "Critical Information Infrastrucrurc" means the computer resource, the incapacttation or destruction of which, shall have debilitating impact OD national security, economy, public health or safety 'j .
Po9.v to issue
dlIUlJOll.ll fol
bloctull for
publ~~
orallY
illfol1llllion
throllP In)
COlDplltU
rcsoun;c
Po....er 10
IUUloruc to
monitor Ind
collecl uaffie
Uti Of
ilironn&lJoli
duoq.b ally
compllicr
~lItu for
C)'bc:r ncunl)'_
Amc::Ddmml of
section 70
13
14 THE GAZETTE OF INlJIA EXTRAORDINARY [PARTU- I.u-mon of
n~ seetlOlI5
7OA.M 708
NlhOllAl aodal I,eoey.
lodlU
Computer
Emerle:ncy RespOMC
Team 10
""" uutloall I,eney fOf I.lleldenl ruponse
(6) after sub-section (3), the follo\1,ing sub-section shall be inserted, namely:-
"(4') The Cenrral Government shall prescribe the infonnation security practices and procedures for such protected system.".
36. After section 70 of the principal Act. the follo....ing sections shall be insened, namely.-
"70A. (1) The Centro Government may, bynotifK:ltion published in theOfficial Gazette, designate any organisation ofthe Government as me national nodal agency in respect ofCtitical Informalion Infrastructure Prolection.
(2) The national nodal agency designated under sub-section (1) shall be responsible for all measures including Research and Developmenl relating to protection ofCrilicallnfonnalion Infrastructure.
(1) The manner ofperforming functions and duties of the agency n:ferred to in sub-section (1) shall be such as may be prescribed.
708. (1) The CenlraI Government shall, by notification in the Official Gazene, appoint an agency of the Governmenllo be called the Indian Computer Emergency Response Team.
(2) The Central Government shall provide the agency referred 10 in sub-section
(J) with a Oirector..(jeneral and such olherofficers and employees as may be prescribed.
(1) The sal8JY and allowances and terms and conditions ofthe Director..{jeneral and other officers and employees shall be such as may be prescribed.
(4) The Indian Computer Emergency Response Team sha.J1 serve as the national agency for performing the following functions in the area ofcyber seaJrity,-
(0) collection, analysis and dissemination of information on cyber incidents;
(b) forecast and alerts ofcyber security incidents;
(c) emergency measures for handling cyber security incidents;
(d) coordination ofcyber incidents response activities;
(e) issue guidelines, advisories, vulner1bility nOles and whitepapcrs relating to information security practices, proc.edw-es, preventation, response and reporting of cyber incidents;
(j) such other functions relating to cyber security as may be prescribl;:d.
(5) The manner of perfonning fun~tions and duties ofthe agency referred to in S'.Jb-secrion (1) shaJi be such as may be prescribed.
(6) For canying out the provisions ofsub-section (4), the agency referred to in sub-section (1) rna)' call for information and give direc:rion to the service providers, intcnnediaries, data centrck, body corporate and any other person.
(7) Any service provider, intermediaries. data centres, body corporate or person who fails to provide the information called for or comply with the dlrtctioo under sub- section (6), shall be punishable with imprisonment for a term whicb may extend to one year or with fine which may extend to one lakh rupees or with both.
(8) No counshalllake cognizance ofany offence under this section, except on a complainl made by an officer authorised in this behalf by the agency rcrmed to in sub-section (1).".
•
14
Sec.. IJ
"
2 of 1974 2 of 1974
37. After section 72 of the principal Ac;t, the following section shaJl be insened, namely:-
"72A. Save as otberwiseprovided in thisActar any other law for the time being in force, any person including an inttnnediary who, \\'hile providing strvices under the terms of lawful rontraet, has secured access to any material conlaining personal information about another penon. with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breacb ofa lawful contract. sucb maIeria. to any other pcr5
3S. For section 77 of the principal Act, the followins sections shall be substituted, namely:-
"77. No compensation awarded, penally imposed or confiscation made under this Act shall pte\'tnl the award ofcompensation or imposition ofany other penalty or punishment under any other law for the time being in fur".
77A. A coun of competent jurisdiction may compound offences, other than offences for \\'hich the punishment for life or imprisonment for a term exceeding three years has been provided,. under this Act:
Provided that the coun shall nOl compound such offence wfIere the accused is, by reason of his p~vious conviction, liable to either enhanced punishment or to a punishmenl ofa different kind:
Provided further that the court shall nOI compound any offence where such offence affects the socio economic conditions of the country or has been committed against a child below the I!Ige or 18 years or a woman.
(2) The person accused ofan offence under this Act may file an application for compounding in the eoun in which offence is pending for trial and the provisions of sections 2658 and 265C ofthe Code ofCriminal Procedure, 1973 shall apply. 77B. Not\\ithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprUonment ofthrce years shall be bailable.
39. In section 78 of the principal Act, for the words "Deputy Superintendent of Pollee" the \\'Ord "Inspector" shall be Subsliruted.
40. For Chapter XII of the principal Act, the follOWing Chapters shall be substituted, namely:-
'O!APTERXD
L"'"TEb!EDLqlES NOT TO BE LlABLl t"" CDTAIN CASES
79. (/) Notwitbstandinganything contained in any law for the rime being in force but subject to the provisions of sub·.5ections (2) and (1), an intermediary shall not be liable for any third party information, data, or communication link made a\'3i1able or hosted by him.
(2) The provisions of sutJ.secrion (/) shall apply if-
(a) the function of the intermediary iJ limited to providing access to a communication system over which infonnahon made available by third panies is tmlSmiued or temporarily stored or hosted; or
InsC1tlOn of
II", SCC1l011
72.
P:llushmCDI for diulosure of mfonlation III b~b
of b:~"fiI1 CODlnltl
Sabst,lllhOlt of aew SCCtlODS far SCC1loa n. COmpetls.llloa, pc:naltru 01 eCllrlSaltloD 1101 III Inlerl"ere Willi ather
pUlIisJImcol
Compoullllill
of offtncu
Offences WIlli. three )'CIfS
imprisoDmcnl
to be b.lIsblc. Amendmenl of
secllOQ 71
SllbsutUhOl of ~CUp
fcf Chlplcr >'Jt Enmptloa
from I.illbiluy of Illunnc.lhary ill =w> """
15
16 THEGAZETTEOFINDIA EXTRAORDINARY (P"",U- ExAMiNER OJ' BJiCTlWSlC EVIDENCE Cent..1
Govcrnment
10 noufy
Enminel of
EI«Ir..lnlC:
EVI4cnI
Amendment
of 1«IiOn 10.
Amendment
of ICCtioa U.
AmendmUI
of lectlOn '2
A!nellduu:nl
of lecUOD '-4
IOKnion of
~ """..
....... 148 ud
He
(b) the intermediary does not- (/) initiate the transmission, (it) select the receiver oflht ImWn.ission. and
(iii) select or modify the information contained in the transmission;
(c) the intennediary observes due diligence while discharging his duties under this Act and also observes st!ch other guidelines as the Central Governmrnt may prescribe in this behalf.
(3) The provisions ofsub-section (J) sha1I not appty if-
(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in tbecommission ofthe unlawful act;
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information. data or communication link residing in or connected to a computer resouru controlled by the intermediary is being used 10 commit the unlawful act, the intermediary rails 10 expeditiously remove: or disable acces510 that material on that resource without vitiating the evidence in any manner.
uplanD/jon.-For the purposes of this section, the expression "thud party information" means any information dealt with by an intermediary in his capacity8S an intermediary.
CHAPTER XJlA
,.
79A. TheCentral Government may, for the purposes ofproviding expen opinion on elecuonic form evidence before anycoun or otherauthority specifY. by notification in the Official Gaunt, any Department, bodyor agency ofthe Central Govenunent or
8 SIBte Government as an Examiner ofElectronic Evidence. E.xpJanarion.-For the purposes of this section, "electronic fonn evidencett means any information ofprobative: value that is either stored or transmined in electronic form and includes computer evidence, digital audio, digital video. cell phones, digital fax machines.'.
41. In section 80 of the principal Act, in suD-section (1), for the words "Deputy Superintendent ofPolice", the ....,or
42. In section 8l of the principaJ Act. the following proviso shall be insened at the end, namely:-
"Pro\'ided that nothing contained in this Act shall reJtrict any person fram exercisingany right conferred under the CopyrightAet, 19~70rthePatentsAct, 1970.". 14 of 19S7. 39 of 1970
43, In section 82 ofme principal Aet,-
(a) forthc marginal heading, the following marginal heading shall be substituted, namely:-
"Otairperso~ Members, officers and employees to be public servants,";
(b) for the words "Presiding Officer". the .....ords"'Chairperson. Members" shall be substituted.
44, In section 84 of the principal Act, for the words "Presiding Officer", the wtlrds
"Chairperson, Membentt
shall be substiMed.
45. After section 84 of the principal Act. the following sections shall be insened, namely:-
.-
16
So:. I] TIlE GAZEITE OF INDIA EXTRAORDINARY
17
)
I
I
I
,
"84A.. The Central Government may. forsecurt use ofthl: electronic medium and for promotion ofe-go,,'cmance and ~mmen:e, pr~be the modes or methods for encryption _
848. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment. and no express provision is made by this Act for the punishment of such abetment. be punished with the punishment provided for the offence under this Act
£Xplanolion.-An act or offence is said to be committed in cons«ruence or abeunent. \\-hen it is committed in consequence oCthe instigation, or in pursuance of the conspiracy, or ....im the aid which constitutes the abetment 84C. Whoever attempts 10 commit an offence punishable by this Act or causes such a,n offence to be commined, and in such an attempl does any Bet towards the commiJsion oflhl: ofRnce. shaJ~ where no express provision is made for the punishmcm ofsuch attempt, be punished with imprisonment of any description provided for the offence, for a term which maycxtend 10 one·balfofthe longest term of imprisonment provided for that offence, or wilh such fine as is provided for the offence, or with both.··.
46. In section &7 of the principal Aet,-
(A) in sub-section (1),- (" for clause (a), the following clauses shall be substituted, namely.-
"(a) the condilions for considering reliabilityofelectronic signature or electronic authenticalion technique under sub-section (2) of section 3A;
(DO) the procedure for ascertaining electronic signature or authenlication under sub·section (3) of section 3A; (ab) the manner in which any information or maner may be authenticated by rnC3JlS of electronic signalure under section 5;"; (il) after clause (e), the following clause shall be inserted, namely.-
"(co) the manner in which the authorised servict' provider may oollec.t, retain and appropriate service charges under sub·seclion (2) of section 6A;";
(ii,' for clause (e), the following clauses shal( be subshwled, namely:-
"(e) the mannerofstoring and affixing electronic signature creation data under section l5j
(ea) the security procedures and practices under section 16j"; (M in clause (I), for !.he words ·'and Assistant Controllers", the words
". Assistant Controllers, other officers and employees" shall be substituted;
(v) clause (g) shall be omitted; ("/) after clause (m), Ihe following clause shall be inscned, namely:-
"(ma) the fonn ofappliCalion and fee for issue ofElectronic Signawre Certificate under section 35;";
("i,) aftcrclause (0), the following clauses shall be inmted, namely:-
"(00) the duties of subscribers undtr section 40A; (Db) the rbsonable security practices and procedures and sensitive personal data or information under section 43A;"; ('"iii) in clause (r), forlile """Ords"Presiding Officer", the words "Chairperson and Members" shall be substiMtd;
(a) in clause (.f), forthe words"PresidingOB"ICCr",1he words "Otairpc.rson and Memms" sha!! be substiMed;
(x) for clause (w), the following clauses shall be substituted, namely:-
"('It') the powers and functions of the Chairperson of the Cyber Appellate Tribunal under section 52A;
ModeJ or
rnclllod. (or
encrypllon
POllllhmcnl
(01 .betnlc"lll
o( otreoc:1rS..
Pun15hmenl
(or IlIempl
to ~ommh
otre1l~C$
Amendment
of SCClJOII 11
18 THE GAZETTE OF INDIA EXTRAORDINARY
A.lnrndmenl
or s~tl0n 90.
Omission or
secliollS 91,
92,93 -:I 94
SUM:.IIUUon
o(new
SchcduIC$ lOr
i11'II: Sdlecule
&Qd Second
Scheduk.
(x) the information, duration, manner and form ofsuch information [0 be retained and preserved under section 67C;
(y) me procedures and safeguards for interception, monitoring, or decryption under sub-section (2) of section 69;
(z) me procedure and safeguards for blocking for access by the public under sub-section (2) ofsection 69A; (zo) the procedure and safeguards for monitoring and collecting U'affic data or information under sub-section (3) oheetion 69B; (zb) the information security practices and procedures for protected system under section 70;
(zc) manner afperforming functioll5 and duties afthe agency under sub-section (3) of section 70A;
(td) me officers and mtplayees under sub-section (2) of section 708;
(::e) salaries and allowances and terms and conditions ofservice of the Director General and other officers and employees under sub· section (3) ofsection 70B;
(zj) the manner in whcih the fUnctions and duties ofagency shall be performed under sub-section (5) ofsection 708;
(:!'g) lite guidelines to be observed by the intermediaries under sub-section (1) of section 79;
(:Ir) the modes or methods far encryption under section 84A;";
(B) in sub-section (1),-
(I) for the words, bmckets, letter and figures "E....ery notification made by the Central Government under clause (f') of sub-section (4) of section I and every rule made by if', the words "Every notification made by the Central Government under sub-section (I) of st:ction 70A and every rule made by it" shall be substituted;
(II) the worM "the notification or" wherever they occur, shall be omiaed.
• 7. In section 90 afthe principal Act, in sub-section (1), clause (c) shall be omined .
48. Sectioll591, 92, 93 and 94 ofthe principalAet shall beomined.
49. For the First Schedule and the Second Scbeduleto the principal Act. the following Scbedules shall be substituted, namely:-
"FIRSTsaiEDULE [See sub-section (4) ofsection I] Doct:J,w.rrs OJ TlA."fSACTJOm TO wmeN THE ACT SHALL Jo/CTT APPLY
•
,
SI.No.
I.
2
3-
4.
s. l(escription ofdocwnent3 or uansactions A negotiable insttument(otherthan a cheque) as defined in~ 13 ofw Negotiable InstrumentsAet, 1881. 26 of lUI
A power-of·attomey as defined in section 1A of the Powen-of-Auomey Act, 1882. 7 or 1112 A trust as defined in section 3 of the Indian Trusts Act, 1882. 2 or 1182 A will as defined in clause (h) of section 2 of the Indian Succession Act, t925, n of 19l1 including any other testamentary disposition by .....batever name called. . Any contract for the sale or conveyance of immo\'able property or any interest in such property.
f , ..
18
SEC. IJ THE GAZETIE OF INDIA EXTRAORDINARY
THE SECOND SCHEDULE
19
[See sub-section (1) of se<::[ion 3A] E!B:TRONIC SIGNATUkE OR ELECTRONIC Al1THE.'mCATION TECHNIQUE ""''0 PROCEDUR,£ Sl.No.
(I)
Description
(2)
Procedure
(3)
..
50. The Third Schedule and the Fourth Schedule to the principal Act shall be omitted. Omluiol1 or Third Schtduk
lnd Fourth
Schedule.
PARrill
H of 1860.
21 or 2000.
AMENO~IENT OF TIffi INDIAN PENAL CoDE.
51. In the Indian Penal Code-
(a) in section 4,-
(i) after clause (2), the following clause shall be inserted, namely:-
"0) any person in any place widlout and beyond India committing offence Largeting a <:omputer resource located in India."; (iI) for the Explanation, the following Explanation shall be substituted, namely.-
'Explanation.-In this section-
(a) the word "offence" indudes every act committed outside India which, if committed in India, would be punishable under this Code;
(b) the expr~sion "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Infonnation TechnologyAct, 2000. ';
(b) in seetion40, in clause (2), after [he figure "liT', the figures and word "118, : i 9and 120" sb311 be inserted;
(c) in stclion 118, for the words ''volunmrily conceals, by any act or illegal omission, the existence of a design", the words "'voluntarily conceals by any aet or omission or by the use ofencryption or any other ioformation hiding tool, the existence of a design" shall be fubstituted;
(d) in seaion 119. for the words "voluntarily conceals, by any act or illegal omission, the existence of a design", the words "voluntarily conceals by any acl or omission or by the use ofencryption or any other information hiding tool, the existence of a design" shall be substituted;
(e) in se<::tion 464, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted;
Amendmenr
oflnchan
_Cod<.
Amendment
of seellon 4
Amcndlll~t or
5tCtiOD 40.
Amendmellt or
seWOI1 Ill.
•Amendment of seeltoo 119 Amendment of sc~llon ~6~
19
20 THE GAZETTE OF INDIA EXTRAORDINARY
PARTlY
[pAltTU--5EC. I)
"4SA. When in a proceeding, the court has to fonn an opinion on any matter relating to any infonnation t::ransmined or stored in any computer resource or any other clectronic or digital fonn, theopinion ofthc Examiner ofElectronic Evidence rcferred to in section 79A ofthe Infonnation Technology Act, 2000, is 21 of 2000. a relevant faCL
up/anorion.-For thc purposcs of this section, an Examiner of
Electronic Evidence shall be an cxpert.";
(e) in section 47A,-
(I) for the words "digital signaturc", thc words "electronic signarure"
shall be substituted;
(iI) for the words ''Digital Signature Cen.ificale", the words "Electronic Signature Certificate" shall be substituted;
(d) in section 67A, for the words "digital signature" wherevCf they occur, the words "clectronic signature" shall be substituted;
(e) in section 8SA, for the words "digital sig:natl1tt" al both thc places where they occur, the words "electronic signature'" shall be substituted;
(j) in seclion 858, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substiluted;
(g) in section SSe. for the words "Digital Signature Certificate", the words
"Electronic Signature Certificate" shall be substituted; (It) in seQion 9OA, for the words "digital signa1UrC''' at both the places where they OCGW', the words "clectronic signarure" shall be substiMed; AaundlrlCllt
a( IndWl
E'Ildute Act
Ammdment of
stelion J.
ItlnnlOIl o(
tlew letllOIl
".
Oplaio" of Examiner of Electronic Evldeaec Ameradmcnl o( KCIIe- 47A. Alnmdznmt o( stalOll 67A. Atnmdmmlof lCCtlOn UA. Atnendmml of sectlOIl ISS AtntadmCllI of SCCUOIl ISC. Anlmdznecll of
KCIIOG 90A
AMe,l)fr,(fWTOfTH6lNDIAN EVlDaoa:Acr, lIn
52. In the Indian EvidenceAct, 18n,-
(0) in section 3 relating to interpretation clause, in the paragraph appearing al theend, for the words "digital signalure" and "Digilal Signarure Ccrtiticate",lhe words
"electronic signature" and "Eleamnic Signature Certificate" shall respectiv 7'y be substituted;
20