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Chapter [10] Created By Manish Mathur. History.... 1999 – Information Technology Bill was prepared. May 2000 – This bill was passed by both the houses.

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Presentation on theme: "Chapter [10] Created By Manish Mathur. History.... 1999 – Information Technology Bill was prepared. May 2000 – This bill was passed by both the houses."— Presentation transcript:

1 Chapter [10] Created By Manish Mathur

2 History.... 1999 – Information Technology Bill was prepared. May 2000 – This bill was passed by both the houses of parliament. August 2000 – This was passed by President of India and was came to be known as Information Technology Act -2000. 2006 – The act was amended and presented to parliament. December 2008 – The act was passed by the parliament & renamed to Information Technology (Amendment) Act – 2008. Created By Manish Mathur

3 Reasons for ITAA 2006 To support the growth of electronic based transaction. To support the extended IT enabled services such as e- governance, e-commerce, e-transactions, protection of information and security procedures. To prevent computer and internet related crime such as sexual publication, leakage of data etc. To harmonize the IT act with the UNCITRAL (United Nations Commission on International TRAde Law. To authorise, service providers to setup, maintain and upgrade computerised facilities to provide services to public. Created By Manish Mathur

4 Objectives... To grant legal recognition to transaction carried out by electronic means. To grant legal recognition to Digital Signature for authentication of information. To facilitate e-filing of documents with Govt. To facilitate e-storage of data by business. To facilitate and give legal recognition to EFT. To give legal recognition for keeping books of accounts by bankers. To amend IPC, Indian Evidence Act, Banker Books Evidence Act, RBI Act. Created By Manish Mathur

5 4 Schedules 13 Chapters 90 Sectionsand Sub-sections Created By Manish Mathur

6 Section 1 : Short title, Extent, Commencement and Application Section 2 : Definitions Created By Manish Mathur

7 Section 1 : Short title, Extent, Commencement and Application Originally it was called Information Technology Act, 2000. After amendment it was renamed to Information Technology (Amendment) Act 2008. In short title it referred to as ITAA 2008. It shall extent to the while of India, unless otherwise provided in the Act. It shall came into force on such date as appointed by central Govt. Different dates may be appointed for different provisions of the Act. Created By Manish Mathur

8 Nothing in this Act apply to documents specified in the First schedule of this act. Entries in the first schedule can be inserted and deleted by notification with prior approval from each house of parliament. Created By Manish Mathur

9 Section 2 : Definitions (a)Access – with it grammatical variations and cognate expression means, gaining entry into, introducing and communicating with arithmetical, logical or memory function of computer, computer system or computer network. (b) Addressee – A person who is intended by the originator/sender to receive the electronic record. Created By Manish Mathur

10 (d)Affixing Electronic signature – Adopting any procedure, by a person, to authenticate any electronic record, by means of electronic signature. (f)Asymmetric Crypto system – a system of key pair consisting of private key to create electronic signature and public key to verify electronic signature. (i)Computer – any electronic, magnetic, optical or high speed data processing device …… which performs arithmetical, logical or memory function ….. by manipulation of electronic, magnetic or optical signals ….. and includes input, output, storage, processing and comm. Facilities ….. and related to any computer, system or network. Created By Manish Mathur

11 (j)Computer network – means interconnection of one or more computer/system/comm. device through – (i) the use of satellite, microwave, terrestrial line, wire or wireless or other communication media. (ii) Terminals or a complex consisting of two or more interconnected computer; whether or not interconnection is continuously maintained. (l)Computer System – means device or collection of devices, including I/O support devices and excluding calculators which are not programmable and capable of using external files and capable to perform logic, arithmetic, storage, retrieval and communication and other functions. Created By Manish Mathur

12 (na)Cyber cafe – means any facility from where access to the internet is offered by any person in the ordinary course of business to the general public. (nb)Cyber Security – means protecting information, equipment, devices, computer, resources from unauthorised access, use, disclosure, disruption, modification or destruction. (w) Intermediary – means a person who on behalf of another person receives, stores or transmits electronic message or provides any service with respect to that electronic record….. and include telecom service provider, NSP, ISP, WSP, search engine, online payment sites, auction sites, market places and cyber cafes. Created By Manish Mathur

13 (x)Key pair –means a private key and its mathematically related public key, which are so related that public key can verify a digital signature created by the private key. (za)Originator – means a person who sends, generates, stores or transmit any electronic record or causes any electronic record to be sent, generated, stored or transmitted to other person & does not include intermediary. Created By Manish Mathur

14 (ze) Secure system – means computer h/w, s/w that- (i) Are reasonably secure from unauthorised access and misuse. (ii) Provide a reasonably level of reliability of operation. (iii) Are reasonably suited to perform intended functions. (iv) adhere to generally accepted security procedures. (zh)Verify – means to determine whether – (i) The initial electronic record was affixed with the digital signature. (ii) The initial electronic record is retained intact or has been altered. Created By Manish Mathur

15 Chapter – II Covers Section 3 only Created By Manish Mathur

16 The digital signature is created in two steps – Step 1 ~ Electronic record is converted into a message digest by using a mathematical function known as Hash function. It will digitally freeze the electronic record thus ensuring integrity of the electronic record. Step 2 ~ The identity of the person affixing the DS is authenticated through the use of a private key. It can be verified by anybody who has the corresponding public key. Created By Manish Mathur

17 Section 3 : Authentication of Electronic Record 1. Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. 2. The authentication can be done by the use of Asymmetric Crypto System and hash function. 3. Any person by the use of public key can verify the electronic record. 4. Private key and Public key are unique to the subscriber. Created By Manish Mathur

18 Section 3 A : Electronic Signature 1.A subscriber may authenticate any electronic record by electronic technique which – – Is considered reliableand – May be specified in the second schedule 2.Electronic authentication technique shall be considered reliable if – – The signature creation data are within the context in which they are issued. – The signature creation data at the time of signing, under the control of signatory. – Any alteration to the ES, after affixing is detectable. – Any alteration to the info., after affixing is detectable. – It fulfills such other conditions which may be prescribed. Created By Manish Mathur

19 3.The central Govt. may prescribe the procedure of ascertaining whether electronic signature is that of the person by whom it have been affixed. 4.The central govt. may omit by notification any electronic signature technique from the II schedule. 5.Every notification shall be laid before each house of parliament. Created By Manish Mathur

20 Chapter – III Covers 7 Sections : from 4 to 10 Created By Manish Mathur

21 Section 4 : Legal recognition of Electronic record Where any law requires that information should be in typewritten or printed form then such requirement shall be deemed to be satisfied if it is – Made available in an electronic form. Accessible so as to be usable subsequently Created By Manish Mathur

22 Section 5: Legal recognition of Electronic signature Where any law requires that information should be authenticated by affixing signature of any person then such requirement shall be satisfied if it is authenticated by means of electronic signature. Created By Manish Mathur

23 Section 6: Use of electronic record and E.S. in Govt. 1.Where any law provides for – The filing of any Form, Application or other Docs. to any Govt. department, body, agency office. The issue or grant of any license, Permit, Sanction or approval etc. The receipt or payment in government offices Then all these may be done through electronic means. 2.The appropriate Govt. may prescribe – manner and format of electronic record manner and format of payment Created By Manish Mathur

24 Section 6A: Delivery of Service by Service Provider 1.The appropriate govt. may authorise any service provider to setup, maintain and upgrade the computerised facilities to provide prescribed services to the public. to collect, retain and appropriate service charges from the person availing the service. To collect, retain and appropriate service charges for any services not covered by the act. 2.The appropriate govt. may specify the scale of services charges to be collected by service provider. Created By Manish Mathur

25 Section 7 : Retention of electronic record 1.Where any law provides that document, record or information retained for any specified period, shall be deemed to have been retained in electronic form provided the following conditions are satisfied – – The information therein remain accessible so as to be usable. – The information is retained in the original format. – The information is retained with the details that facilitate the origin, destination, date and time of dispatch and receipt Created By Manish Mathur

26 2.However, this section does not apply to any information which is automatically generated in the process of enabling electronic record. 3.This section does not supersede any law that expressly provide for retention of document in the form of electronic record. Section 7 A: Audit of document in E-form Where any law has the provision for audit of documents, that provision shall also be applicable for audit of documents maintained in electronic form. Created By Manish Mathur

27 Section 8 :Publication of rules, regulation etc. in Electronic Gazette Where any law requires the publication of any rule, regulation, order, by-laws, notification in the official gazette then such requirement shall be deemed to be satisfied if it is published in electronic form. If official gazette is published in both the form than the date of publication shall be the date of publication of that form of O.G. which was first published. Created By Manish Mathur

28 Section 9 :Electronic form is not to be the right The provisions stipulated in section 6, 7 and 8 shall not confer any right to insist the document be accepted, issued, created and retained in electronic form. Created By Manish Mathur

29 Section 10 : Power of Central Govt. to make rules In respect of DS, the central govt. may prescribe – The type of digital signature. The manner and format in which DS shall be affixed. The procedure to identify the person affixing the DS. Controls to ensure integrity, security and confidentiality of electronic record. Any other matter to give legal effect to DS. Section 10A : Validity of E-contract Where in contract formation, communication, acceptance or revocation of proposal are expressed in electronic form, such contract shall not deemed to be un-forceable solely on the ground that such electronic form was used for that purpose Created By Manish Mathur

30 Chapter – IV Covers 3 Sections : from 11 to 13 Created By Manish Mathur

31 Section 11 : Attribution of Electronic record An electronic record shall be attributed to the originator, if it sent – By the originator By a person authorised by the originator By an IS programmed to operate automatically. Section 12 : Acknowledgement of Receipt Section 11 : Attribution of Electronic record 1.Where the originator has not stipulated that the acknowledge be given in a particular form then the same can be given by – Any communication by the addressee. Any conduct of the addressee sufficient to indicate that electronic record has been received. Created By Manish Mathur

32 2.Where originator has stipulated that the record shall be binding only on receipt of an ACK then unless ACK has been so received, the electronic record deemed to have been never sent. 3.Where originator has not asked for ACK and the ACK has not been received by the originator, then the originator may give notice to the addressee specifying a reasonable time by which the ACK must be received by him. If no ACK is received after this notice then the electronic record can be treated as never been sent. Created By Manish Mathur

33 Section 11 : Attribution of Electronic record 1.When otherwise not have been decided by originator and addressee, the dispatch of an electronic record occurs when it enters a computer outside the control of the originator. 2.When otherwise not have been decided by originator and addressee, time of receipt of an electronic record is determined as – (a)if the addressee has designated a computer for receiving electronic record – (i) receipt occurs at the time when the record enters the designated computer. Section 13 : Time and Place of dispatch and receipt of electronic record Created By Manish Mathur

34 (ii) if the record is sent to the computer that is not the designated computer, receipt occurs at the time when record is retrieved by the addressee. (b)if the addressee has not designated a computer resource, then receipt occurs when record enters the computer of the addressee. 3.When otherwise not have been decided by the originator and addressee the electronic record is deemed to be dispatched from the place where the originator has his place of business and received at the place where addressee has his place of business. Created By Manish Mathur

35 Chapter – V Covers 3 Sections : from 14 to 16 Created By Manish Mathur

36 Section 11 : Attribution of Electronic record When any security procedure has been applied to an electronic record then it shall be deemed to be secured electronic record from such point of time to the time of verification. Section 14 : Secure Electronic Record Section 15 : Secure Electronic Signature An ES shall deemed to be a secure ES, if- The signature creation data, at the time of affixing signature, was under control of signatory. The signature creation data was stored and affixed in prescribed manner. Created By Manish Mathur

37 Section 11 : Attribution of Electronic record The central Govt. may prescribe the security procedure for secure electronic record and secure electronic signature. In doing so CG can take in to account following factors – – Nature of transaction – Technological capacity of both the parties – Availability and cost of alternative procedures – Volume of similar transactions entered into by other parties. Section 16: Security procedure and practice Created By Manish Mathur

38 Chapter – VI Covers 18 Sections : from 17 to 34 Created By Manish Mathur

39 1.The central govt. may appointment Controller, AC, DC, and other employees to regulate functioning of CA. 2.The controller shall discharge his functions under general control and directions of CG. 3.AC and DC shall perform functions assigned to them by the controller. 4.CG may prescribe the qualification, experience, T&C of service of controller, AC, DC and employees. 5.CG may establish head office and branch office at different places. 6.There shall be a seal of office of the controller. Section 17: Appointment of Controller and other officers Created By Manish Mathur

40 Exercising supervision over the activities of CA. Certifying public keys of the certifying authorities. Laying down the standards to be maintain by CA. specifying qualification and experience which employee of CA should possess. Specifying the conditions subject to which CA shall conduct their business. Specifying the content of written, printed, visual material and advertisement. Specifying the form and content of DSC. Section 18 : Functions of Controllers Created By Manish Mathur

41 Specifying the form and manner in which account shall be maintained by CA. Specifying T&C for appointment of auditors. Facilitating the establishment of any electronic system solely or jointly by CAs. Specifying code of conduct for CA in their dealing with subscribers. Resolving any conflict between CA and subscriber. Laying down duties of CA. Maintaining database containing the disclosure record of every CA. Created By Manish Mathur

42 Subject to the conditions and restrictions imposed by the regulation, with previous approval of the Govt. and by notification in the OG, Controller may grant recognition to any foreign CA. If FCA has contravened any of the conditions and restrictions of recognition then the controller may revoke such recognition by notification in OG. Section 19 : Recognition of foreign CAs Section 20 : Omitted Created By Manish Mathur

43 Any person may make an application for license to the controller. No license shall be granted unless the applicant fulfills requirements with respect to qualification, experience, manpower, financial resources and infrastructure. A license granted under this section – Shall be valid for the prescribed period of time. Shall not be transferable or heritable. Shall be subject to prescribed terms and condition. Section 21: License to issue ESC Created By Manish Mathur

44 Every application for license shall be in the prescribed form and accompanied by – A certification practice statement A statement of identification of applicant A fee not exceeding Rs. 25,000/- Such other documents prescribed by Govt. Section 22: Application for license Section 23: Renewal of a license An application for renewal shall be – In prescribed form Accompanied by fees not exceeding Rs. 5000/- Made not less then 45 days before the expiry of license. Created By Manish Mathur

45 After considering the documents accompanying the application, the controller may grant or reject the application. No application shall be rejected unless applicant has been given opportunity of being heard. Section 24:Procedure for grant or rejection of license Section 25: Suspension or revocation of License 1.Controller may suspend or revoke license if CA has – Made a statement in the application which is false or incorrect. Failed to comply with terms and conditions of license. Failed to maintain the prescribed standards. Contravened any provisions of the act, rules. Created By Manish Mathur

46 2.No license shall be suspended or revoked unless CA has been given a reasonably opportunity of showing cause. 3.If the controller believe that there are reasonable cause, then he may suspend the license and order an enquiry against the CA. 4.The license of CA will be suspended till the completion of enquiry. However no license shall be suspended for a period exceeding 10 days. 5.No CA, whose license has been suspended shall issue any ESC during such period. Created By Manish Mathur

47 1.The controller shall publish a notice of suspension or revocation of license in the database maintained by him and all other repositories. 2.The database containing such notice shall be made available through web site round the clock. 3.The controller, if he considers necessary, publicize the database in electronic and other media. Section 26:Notice of suspension/revocation of license Section 27: Controllers power to delegate 1.Controller may in writing authorize AC/DC to exercise any of his power under this chapter. 2.Controller and any person authorized by him shall have access to any computer, if he has reasonable cause to suspect. Created By Manish Mathur

48 1.The controller or any other person authorised by him shall take up, for any investigation, any contravention of the provision of the act. 2.The controller or any other person authorised by him shall exercise the same power which are conferred on income tax authorities under Income Tax act 1961. Section 28: Power to investigate contraventions Section 29: Access to computers and data 1.Controller or any authorize person, if has reasonable cause to suspect, shall have access to any computer system for the purpose of searching or obtaining any information available to such system. Created By Manish Mathur

49 2.For the purpose of sub-section 1, controller or any authorised person, by order, direct any person concerned with the system to provide him technical other assistance. Section 30: Duties of Certifying Authorities Make use of H/w, S/w and procedure that are secure from intrusion. Provide reasonable level of reliability in its service. Reasonable suited to perform intended functions. Adhere to security procedures. Be the repository of all ESC issued by him. Publish information regarding practice, ESC and current status of ESC. Observe such other standard prescribed by the law. Created By Manish Mathur

50 Every CA shall ensure that every person employed by him complies with the provisions of the Act, rule, order. Section 31: CA compliance of Act Section 32: Display of license Every CA must display its license at a conspicuous place in the premises of business. Section 33: Surrender of license 1.Every CA whose license has been suspended or revoked must immediately surrender the license to Controller. 2.If fails, shall be punished for imprisonment up to 6 months or a fine up to 10,000/- or both. Created By Manish Mathur

51 Section 34: Disclosure 1.Every CA must disclose – Its ESC Any certification practice statement Notice of revocation or suspension of its license Any other fact that adversely affect the reliability of ESC issued by him or his ability to perform services. 2.When any such event occurs which adversely affect the integrity of its computer system, the CA shall – Use reasonable efforts to notify any person who is likely to be affected. Act in accordance with the procedure specified in its certification practice statement. Created By Manish Mathur

52 Chapter – VII Covers 5 Sections : from 35 to 39 Created By Manish Mathur

53 Section 35: Application for ESC 1.No ESC shall be granted unless the CA is satisfied that- The applicant holds the private key corresponding to the public key listed in ESC. Applicant holds the Pvt. key capable of creating digi. sign. Public key listed in the certi. is capable to verify digi. sign. 2.Any person may make an application for ESC in the form prescribed by the central govt. 3.Application shall be accompanied by fee not exceeding Rs. 25000/-. However different fees may be prescribed by different persons. 4.Application shall be accompanied by certificate practice statement.… Created By Manish Mathur

54 5.On receipt of an application the CA, after making enquiries, may grant the certificate or reject the application. However no application shall be rejected unless the applicant has been given opportunity of …. Section 36: Declaration of CA on issuance of ESC The CA while issuing ESC shall certify that – It has complied with provisions of the Act. It has published the ESC and subscriber has accepted it. The subscriber holds the pvt. key and pub. key, listed in ESC. Private key is capable of creating digital signature. Public key is capable of verifying the digital signature. The information contained in ESC are accurate. It has no knowledge of any material fact adversely affect the reliability of its compliance of the Act. Created By Manish Mathur

55 Section 37: Suspension of DSC The CA may suspend any DSC issued by him – On request of subscriber or any person authorised on his behalf If it is of opinion that it is necessary in the public interest. A DSC shall not be suspended for more then 15 days. Such suspension shall be communicated to subscriber. Section 38: Revocation of DSC 1.The CA may revoke a DSC issued by it in the condition– Where subscriber or any person authorised by him makes a request.… Created By Manish Mathur

56 Upon death of the subscriber. Upon dissolution of the firm or company where subscriber is a company. When material fact presented in DSC are false or has been concealed. A requirement for issuance of DSC was not satisfied. The CAs private key or security system has been compromised. 2.No DSC shall be revoked unless subscriber has been given an opportunity of being heard. 3.Such revocation of DSC shall be communicated to subscriber. Created By Manish Mathur

57 Section 39: Notice of Suspension or Revocation The CA shall publish notice of suspension or revocation of DSC in all such repositories specified in DSC. Created By Manish Mathur

58 Chapter – VIII Covers 3 Sections : from 40 to 42 Created By Manish Mathur

59 Section 40: Generating Key pair The subscriber shall generate the key pair by applying the security procedure after DSC has been accepted by him. Section 41: Acceptance of DSC 1.A subscriber shall be deemed to have been accepted if he publishes or authorised to publish a DSC – To one or more persons In repository or otherwise demonstrate his approval 2.By acceptance of DSC the subscriber certifies that – He holds the private and public key listed in DSC All representation made by him to the CA are true. All information in the DSC are true. Created By Manish Mathur

60 Section 42: Control of Private key 1.Every subscriber shall exercise reasonable care to retain control of the his private key to prevent its disclosure. 2.If the private key has been compromised, subscriber shall communicate this immediately to the CA in the manner prescribed in the regulation. 3.Otherwise the subscriber shall be liable for all the communication, till he has informed the CA about such compromise. Created By Manish Mathur

61 Chapter – IX Covers 5 Sections : from 43 to 47 Created By Manish Mathur

62 Section 43: Penalty and Compensation If any person, without permission of the owner or in- charge of computer commits any of the following act, he shall be liable to pay damages by way of compensation to the person so affected- Securing access to the computer Downloading any data, database or information from such computer or storage medium. Introducing any computer contaminant or virus into the computer Damaging any computer, network, data, database or program Disrupting any computer, system or network Denying access to any person authorised to access any computer, system or network Created By Manish Mathur

63 Providing assistance to any person to access any computer in contravention of provisions of the act. Charging the service avail by a person to the account of another person by tempering with any computer. Destroy, delete, alter any info. or diminishing its value. Steal, conceal, destroy, alter or causes any person to S.C.D.A. any computer source code. Compensation for failure to protect data Where any body corporate stores or processes any sensitive personal information in a computer which it owns, controls or operates, is negligent in implementing security and thereby cause wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the affected person. Created By Manish Mathur

64 Section 44: penalty for failure to furnish INFO. If any person who is required to – Furnish any document, return or report to controller or CA, fail to furnish, he shall be liable to a penalty not exceeding Rs. 1,50,000/- for each failure. File any document, report, book etc within the time specified, fails to do the same, he shall be liable to a penalty not exceeding Rs. 5000/- per day till failure continues. Maintain book of a/c or record, files to maintain, he shall be liable to a penalty not more then Rs. 10,000/- per day till failure continues. Created By Manish Mathur

65 Section 45: Residual Penalty Whoever contravenes any rule or regulation of the act for which no penalty has been separately provided, shall be liable to pay compensation not exceeding Rs. 25,000/- to the affected person. Section 46: Power to Adjudicate 1.For the purpose of adjudging, the CG shall appoint any officer not below the rank of a Director to central or state govt. to be an adjudicating officer for holding inquiry. Created By Manish Mathur

66 1AThe AO shall exercise jurisdiction to adjudicate matters in which the claim for damage does not exceed Rs. 5 Cr. Damage exceeding Rs. 5 Cr shall vest with the competent court. 2.The AO shall hold the inquiry in the prescribed manner after giving opportunity of being heard to the person who have committed the contravention and the AO may impose penalty. 3.The person appointed as AO shall possess such experience in the field of IT and such judicial experience as may be prescribed. 4.Where more then one AO are appointed, the CG shall specify the matter and places of jurisdiction. Created By Manish Mathur

67 5.Every AO shall have the power of Civil court which are conferred by the CAT. Section 47: Factor to be considered by the AO While deciding the amount of compensation, the AO shall consider the following factors – The amount of gain made as a result of default. The amount of loss caused to any person. The repetitive nature of the default. Created By Manish Mathur

68 Chapter – X Covers 17 Sections : from 48 to 64 Created By Manish Mathur

69 Section 48: Establishment of C.A.T. The central govt. shall, by notification, establish one or more CAT. The CG shall also specify the matter and places as jurisdiction of CAT. Section 49: Composition of C.A.T. The CAT shall consist of Chairperson and number of judicial and non-judicial members as the CG, by notification, may appoint. The selection of chairperson and members is made by CG in consultation of CJ of India. Created By Manish Mathur

70 Subject to provisions of the Act – The jurisdiction, power and authority of CAT may be exercised by benches. A bench may be constituted by chairperson, with 1 or more members. Every bench will be presided over by chairperson or judicial member. The benches shall sit at New Delhi and at such other places as CG shall, after consulting CP, appoint. The CG shall specify the area in relation to which each bench of CAT may exercise jurisdiction. The CP may transfer members from 1 bench to other. Created By Manish Mathur

71 At any stage of hearing, the CP may transfer the case to the bench with more number of members. Section 50: Qualification for CP & members of CAT Judge of the high court or equally qualified person may be appointed as CP of the CAT. Non-judicial member shall be amongst the person having knowledge and experience of IT, Telecomm, industry, mgmt & consumer affairs. In addition – the person must be in service as additional secretary to the govt. with 2yrs experience OR Joint Secretary with 5yrs experience. Created By Manish Mathur

72 Judicial members shall be the person who is or has been member of ILS and in the post of additional secretary with 1 yrs exp. Or in the grade I post with 5 yrs. Experience. Section 51: term of office and condition of service The CP and members of CAT shall hold office for a term of 5 yrs from the date of joining or until he attain age of 65 yrs, which ever is earlier. Before appointing any person as CP or member, CG shall satisfy that the person does not have any financial or other interest. The person has to retire from his present service. Created By Manish Mathur

73 Section 52: Salary, allowance and other T&C Prescribed by the Govt. Section 52A: power of superintendence, direction CP has the power of superintendence & direction in the affairs of CAT and presiding over the meetings. Section 52B: Distribution of business CP may, distribute business among the benches. Section 52C: Transfer of Case On application of any party and after notice to the parties, CP may transfer any case from one bench to other. Created By Manish Mathur

74 Section 53: Filling up of vacancies If any vacancy occurs in CAT, CG may appoint another person. Section 54: Resignation and removal CP or member may by notification in writing addressed to CG, resign his office. However – the person can not leave his office unless – Term of 5 years is over 3 months period is passed after notice Age of 65 yrs is attained Permitted by CG Any other person enter office to take charge Created By Manish Mathur

75 CP and members shall be removed from office only by notice by CG on the ground of misbehavior or incapacity; after an inquiry made by the judge of supreme court; and giving reasonable opportunity of being heard. Section 55: Order constituting CAT to be final No order appointing CP and members shall be called in question merely on the ground of any defect in the constitution of CAT. Section 56: Staff of the CAT The CG may appoint other officers of the CAT and frame rules, terms, conditions, salary allowance etc. Created By Manish Mathur

76 Section 57: Appeal to CAT An appeal may be made by an aggrieved person against the order of AO. Appeal must be made within 45 days after order is received and in prescribed form and fees. CAT may accept an appeal after 45 days if it satisfied that it was not possible to appeal within 45 days. No appeal shall be accepted if the original order was passed by the consent of both the parties. On receipt, CAT may, after giving parties opportunity of being heard, confirm, modify or set aside the order appealed against. Created By Manish Mathur

77 CAT shall send a copy of order made by it to the parties, controller or AO. Section 58: Power of CAT The CAT shall not be bound by Code of Civil procedure 1908 and have power to regulate it own procedure. The CAT shall have powers of the Civil court. Some of the powers are – Summoning and enforcing the attendance of any person and examining him on oath. Requiring production of electronic records. Receiving evidence on affidavits. Issuing commission for examination of witness. Dismissing an application for default. Any other matter which may be prescribed. Created By Manish Mathur

78 Section 59: Right to legal representation The appellant may be represented by legal practitioner to present the case. Section 60: Term of admission of appeal Within 45 days after the original order is received Section 61: Civil court not to have jurisdiction No court shall have jurisdiction to entertain any suit which an AO or CAT has jurisdiction. Court may exercise jurisdiction in cases where the claim is more then 5 Cr. Created By Manish Mathur

79 Section 62: Appeal to high court Within 60 days from the date on which CATs order is communicated. Section 63: Compounding of contravention Any contravention may be compounded by AO. However – such sum shall not exceed the maximum penalty which may be imposed by the act. This provision shall not apply to a person who commits the same or similar contravention again within 3 years from the date of first contravention. Section 64: Recovery of Penalty As an arrears of land revenue and suspension of DSC Created By Manish Mathur

80 Chapter – XI Covers 14 Sections : from 65 to 78 Created By Manish Mathur

81 Section 65: Tampering with source document Imprisonment up to 3 years OR fine up to 2 lakhs OR both. Section 66: Computer related Offences If any person does act referred in section 43, imprisonment upto 2 years OR fine upto 5 lakhs OR both. Section 66A: Sending offensive messages Any person who sends – Any information of offensive or menacing character. Any information known as false but sent for the purpose of insult, annoyance, enmity, ill will etc. Created By Manish Mathur

82 Any e-mail for the purpose of causing annoyance, to deceive, mislead etc. Imprisonment up to 3yrs AND fine. Section 66B: Receiving stolen resources Whoever dishonestly retains any stolen computer resource… imprisonment up to 3yrs OR fine up to 1 lakh OR both. Section 66C: Identity theft Whoever fraudulently make use of the E.Sign, password, UID etc…. Imprisonment up to 3yrs AND fine up to 1 lakh. Created By Manish Mathur

83 Section 66D: Cheating by personating Imprisonment up to 3yrs AND fine up to 1 lakh. Section 66E: Violation of Privacy Whoever knowingly captures, publishes or transmits the images of private area of any person without his/her consent…Imprison. upto 3yrs or fine upto 2lakh or both. Section 66F: Cyber terrorism Whoever, with the intent to threaten the integrity, security or sovereignty of India or strike terror in public by – Denying or cause denial of access to any person authorised to access a computer resources. Created By Manish Mathur

84 Attempting to penetrate a computer resource without authorization. Introducing any computer contaminant causing death or injury to person. Damage or destruct property causing disruption of services essential to the life of community. Adversely affect Critical Information Infrastructure. Whoever, knowingly penetrates a computer resource, database that is restricted for reason of sovereignty, integrity of india, friendly relations with foreign states … … commits cyber terrorism. Imprisonment for LIFE. Created By Manish Mathur

85 Section 67 : publishing obscene material in E-form Whoever publishes or transmits in e-form any material which is lascivious shall be punished – First conviction – 3 yrs AND 5 lakh Subsequent conviction – 5 yrs AND 10 lakh Section 67A : publishing sexually explicit material First conviction – 5 yrs AND 10 lakh Subsequent conviction – 7 yrs AND 10 lakh Exception – Published in the interest of science, literature, art, learning or which is used for religious purpose. Created By Manish Mathur

86 Section 67B : publishing material depicting children in sexually explicit act in E-form Section 67A : Retention of infor. by intermediaries Intermediaries shall retain such info., for such duration, in such format as prescribed by CG. If fail – Up to 3 yrs ANDup to 2 lakh. First conviction – 5 yrs AND 10 lakh Subsequent conviction – 7 yrs AND 10 lakh Exception – Published in related to science, literature, art, learning or which is used for religious purpose. Created By Manish Mathur

87 Section 68 : Power of controller The controller may direct CA or his Emp. to take such measure or cease carrying out any activity, to ensure compliance with the provisions of Act. If any fails – 2 yrs OR 1 lakh OR Both Section 69 :Power to intercept/monitor/decrypt Where CG, SG or any of its officer, is of opinion that it is necessary for the integrity, sovereignty, security of India, may intercept or monitor or decrypt any information transmitted through any computer resources. Procedure/safeguard for I/M/D shall be prescribed. Created By Manish Mathur

88 Any person in-charge of the computer resource shall extend all facilities and technical assistance. If fail – 7 yrs AND fine. Section 69B :Power to authorize to monitor/collect To enhance cyber security, prevent intrusion or spread computer contaminant, CG may autho. any agency of Govt. to monitor and collect traffic data from any computer resource. Procedure/safeguard for blocking shall be prescribed. The person in-charge shall provide technical assistance and extend all facilities. If fails to comply with the direction– 3 yrs AND fine. Created By Manish Mathur

89 Section 70 : Protected System The appropriate Govt. by official gazette may declare any computer resource which affects C.I.I., as protected system. CII means the computer resource, destruction of which may weaken the national security, economy, public health etc. Appropriate Govt. may authorize the persons to access protected system. Any other person who secure access or attempt to access protected system – 10 yrs AND fine. CG shall prescribe the information Security practice and procedure for such protected system. Created By Manish Mathur

90 Section 70 A: National Nodal Agency CG, by official gazette, may designate any govt. org. as the national nodal agency in respect to CII. The agency shall be responsible for all measures including R&D in protection of CII. Section 70 B: I. C. E. R. T. for incident response CG, by official gazette, may appoint an govt. agency to be called Indian Computer Emergency Response Team. ICERT is headed by Director General and have such other officers and employee as prescribed. ….. Created By Manish Mathur

91 Functions of ICERT – Collection, analysis and dissemination of information on cyber incident. Forecast and alerts of cyber security incidents. Emergency measures for handling C.S. incidents. Coordination of C.S. incident response activities. Issue guidelines, advisories relating to information security practice, procedure, prevention, reporting and response of cyber incidents. Such other functions relating to cyber security as may be prescribed. …. Created By Manish Mathur

92 For carrying out the functions agency may call for info. and give directions to service provider, intermediaries, body corporate and any person. Any of these party fail to provide information and comply with the directions – up to 1 yr OR up to 1 lakh OR both. Section 71 : Penalty for Misrepresentation Whoever make any misrepresentation or hide any fact to Controller or CA, to obtain License or DSC shall be punished – upto 2 yrs OR upto 1 lakh OR both. Created By Manish Mathur

93 Section 72 : Breach of confidentiality and privacy Any person who has secured access to electronic record without the consent of person concerned, discloses such information to other person – Upto 2 yrs OR upto 1 lakh OR both Section 72 A : Breach of lawful contract Any person including intermediary, under the term of contract, has secured access to personal info. of other person and with the intent of cause wrongful loss or gain, without consent of the person concerned, provide such info. to other person – Upto 3yrs OR 5 lakh OR both Created By Manish Mathur

94 Section 73 : publishing false DSC Person who publishes a DSC with the knowledge – The CA listed in the certificate has not issued it. The subscriber listed in the certificate has not accepted it. The certificate has been suspended or revoked. Upto 2 yrs OR 1 lakh OR both. Section 74 : publishing for fraudulent purpose Whoever knowingly creates, publishes or otherwise makes available ESC for any fraudulent purpose --- Upto 2 yrs OR upto 1 lakh OR both Created By Manish Mathur

95 Section 75 : Act to apply for offence outside India The Act is applied to any offence where – Perpetrator is Indianor Victim is Indianor Server is Indian Section 76 : Confiscation Any computer, system, floppy, CD, tape or any other accessories has been or is being involved in contravention of provision of the act shall be liable to confiscate. However - Created By Manish Mathur

96 If the court is satisfied that the person in-charge of these computer resources are, is not guilty, the court may, instead of order of confiscation, make such other order against the person contravening the provision of the act, as it may think fit. Section 77 : penalties not to interfere with other punishment. No compensation awarded, penalties imposed or confiscation made under this act shall prevent the punishment awarded under any other law for the time being in force. Created By Manish Mathur

97 Section 77 A : Compounding of offense A court may compound offences other then offences – Where punishment for life or term exceeding 3 yrs has been provided. Where the accused is, by reason of his previous conviction, liable to enhanced punishment. Where such offences affects the socio- economic condition of India. Where offence is committed against a child below the age of 18yrs or women. Created By Manish Mathur

98 Section 77B : Cognizable offense The offence punishable with imprisonment of 3 yrs or more shall be cognizable and shall be bailable. Section 78 : Power to investigate Not with standing any thing contained in the Code of Criminal Procedure 1973, a police officer not below the rank of Inspector shall investigate the offence. Created By Manish Mathur

99 Chapter – XII Covers only Section 79 Created By Manish Mathur

100 Section 79 : Exemption from liability An intermediary shall not be liable for any third party communication if – Their function is limited to provide access to a communication system The intermediary does not – Initiated the communication Select the receiver Select or modify the information contained in the communication The intermediary observe de diligence and observes such guidelines in discharging duties. Created By Manish Mathur

101 An intermediary shall not be exempted from liability if– It conspired, aided or induced the unlawful act by the threats or otherwise. Upon receiving actual knowledge that the information connected to the computer resources controlled by intermediary is being used to commit unlawful act, fail to expeditiously remove or disable access to the material. Created By Manish Mathur

102 Chapter – XII-A Covers section 79 A Created By Manish Mathur

103 Section 79 A: CG to notify Examiner of E. Evidence The CG, for the purpose of providing expert opinion on evidence in electronic form before any court, may specify any department, agency, body of the Govt. as examiner of E. E. Created By Manish Mathur

104 Chapter – XIII Covers 11 sections : from 80 to 90 Created By Manish Mathur

105 Section 80 : Power of police officer or other officer Any police officer not below the rank of Inspector or other officer of the govt. may enter any public place and search and arrest any person who is reasonably suspect of having committed contravention under this act. Where any person is arrested by the other then police officer, such officer shall immediately send the arrested person to the magistrate or the officer-in-charge of the police station. Created By Manish Mathur

106 Section 81 : Act not to have overriding effect The provisions of this act shall not have inconsistent effect with any other law for the time being in force. Section 81-A : E-cheque and truncated cheque Act shall apply to, E-cheques and truncated cheques subject to such modification as may be necessary for carrying out purposes of negotiable instrument act, in consultation with RBI. Every notification shall be laid before each house of the parliament for a total period of 30 days, in one or multiple sessions. Created By Manish Mathur

107 Section 82 : officers to be public servants Chairman, Members, Controller, AC/DC and other officers deemed to be public servant within the meaning of IPC section 21. Section 83 : CGs power to give direction The CG may give directions to any SG, on the provisions of the Act. Section 84 : Protection of action taken in good faith No suit, prosecution or other legal proceeding lie against CG/SG/C/AC/DC or any other person acting on behalf, for anything done in good faith or done in pursuance of this act. Created By Manish Mathur

108 Section 84-A : Mode or method of encryprion CG may, for the promotion of e-commerce or e- governance, prescribe the mode or method of encryption. Section 84-B : Punishment for Abetment Whoever provoke any offence shall be punished with the punishment provided for the offence under the Act. Section 84-C : Punishment for attempt to commit One half of the longest term of imprisonment provided for that offence or such fine as is provided for the offence or both. Created By Manish Mathur

109 Section 85 : Offences by Companies Where a person committing a contravention is a company, every person who was in charge of or was responsible of conduct of business shall be guilty and liable to be punished. However, if he proves that such contravention took place without his knowledge and he exercised all due diligence then he shall not be liable for punishment. Section 86 : Removal of Difficulties If any difficulty arises in giving effect to the provision of the Act, CG make such provision not inconsistent with the provision of the act, for removing the difficulty. Created By Manish Mathur

110 However, no order shall be made after the expiry of 2 years from the commencement of the act. Order shall be laid before each house of parliament. Section 87 : Power of CG to make rules The CG shall constitute a committee called Cyber Regulation Advisory Committee. CRAC shall have Chairperson and official and non- official members representing the interest affectd or having special knowledge of the subject matter. The CRAC shall advise CG and Controller in framing regulation of the act. Section 88 : Constitution of Advisory Committee Created By Manish Mathur

111 Section 89 : Power of Controller The controller, after consultation with CRAC and previous approval of CG, by notification in official gazette make regulation in the following matters – Particulars relating to maintenance of database. Conditions & restriction of recognizing foreign CA T&C of granting license Standard to be observed by CA. Manner in which CA shall disclose the matter. Statement which shall accompany an application. The manner in which subscriber communicates the compromise of private key. Created By Manish Mathur

112 Section 90 : Power of state Govt. The SG may, by notification in official gazette, make rules on the following matters – The electronic form in which filing, issue/grant of receipt, payment shall be effected. For matters specified in section 6. Every rule made by SG shall be laid before the house(s) of state legislature. Created By Manish Mathur

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