LexThe Information Technology Act, 2000 (Central Act 21 of 2000)
Tamil Nadu · state statute
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THE INFORMATION TECHNOLOGY ACT, 2000
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
3. Authentication of electronic records.
3A. Electronic signature.
CHAPTER III
ELECTRONIC GOVERNANCE
4. Legal recognition of electronic records.
5. Legal recognition of electronic signatures.
6. Use of electronic records and electronic signatures in Government and its agencies.
6A. Delivery of services by service provider.
7. Retention of electronic records.
7A. Audit of documents, etc., maintained in electronic form.
8. Publication of rule, regulation, etc., in Electronic Gazette.
9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.
10. Power to make rules by Central Government in respect of electronic signature.
10A. Validity of contracts formed through electronic means.
CHAPTER IV
ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS
11. Attribution of electronic records.
12. Acknowledgment of receipt.
13. Time and place of despatch and receipt of electronic record.
CHAPTER V
SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE
14. Secure electronic record.
15. Secure electronic signature.
16. Security procedures and practices.
CHAPTER VI
REGULATION OF CERTIFYING AUTHORITIES
17. Appointment of Controller and other officers.
18. Functions of Controller.
19. Recognition of foreign Certifying Authorities.
20. [Omitted.].
21. Licence to issue electronic signature Certificates.
22. Application for licence.
23. Renewal of licence.
24. Procedure for grant or rejection of licence.
25. Suspension of licence.
26. Notice of suspension or revocation of licence.
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SECTIONS
27. Power to delegate.
28. Power to investigate contraventions.
29. Access to computers and data.
30. Certifying Authority to follow certain procedures.
31. Certifying Authority to ensure compliance of the Act, etc.
32. Display of licence.
33. Surrender of licence.
34. Disclosure.
CHAPTER VII
ELECTRONIC SIGNATURE CERTIFICATES
35. Certifying authority to issue electronic signature Certificate.
36. Representations upon issuance of Digital signature Certificate.
37. Suspension of Digital Signature Certificate.
38. Revocation of Digital Signature Certificate.
39. Notice of suspension or revocation.
CHAPTER VIII
DUTIES OF SUBSCRIBERS
40. Generating key pair.
40A. Duties of subscriber of Electronic Signature Certificate.
41. Acceptance of Digital Signature Certificate.
42. Control of private key.
CHAPTER IX
PENALTIES, COMPENSATION AND ADJUDICATION
43. Penalty and compensation for damage to computer, computer system, etc.
43A. Compensation for failure to protect data.
44. Penalty for failure to furnish information, return, etc.
45. Residuary penalty.
46. Power to adjudicate.
47. Factors to be taken into account by the adjudicating officer.
CHAPTER X
THE APPELLATE TRIBUNAL
48. Appellate Tribunal.
49. [Omitted.].
50. [Omitted.].
51. [Omitted.].
52. [Omitted.].
52A. [Omitted.].
52B. [Omitted.].
52C. [Omitted.].
52D. Decision by majority.
53. [Omitted.].
54. [Omitted.].
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
56. [Omitted.].
57. Appeal to Appellate Tribunal.
58. Procedure and powers of the Appellate Tribunal.
59. Right to legal representation.
60. Limitation.
61. Civil court not to have jurisdiction.
62. Appeal to High Court.
63. Compounding of contraventions.
3
SECTIONS
64. Recovery of penalty or compensation.
CHAPTER XI
OFFENCES
65. Tampering with computer source documents.
66. Computer related offences.
66A. Punishment for sending offensive messages through communication service, etc.
66B. Punishment for dishonestly receiving stolen computer resource or communication device.
66C. Punishment for identity theft.
66D. Punishment for cheating by personation by using computer resource.
66E. Punishment for violation of privacy.
66F. Punishment for cyber terrorism.
67. Punishment for publishing or transmitting obscene material in electronic form.
67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in
electronic form.
67B. Punishment for publishing or transmitting of material depicting children in sexually ex plicit act,
etc., in electronic form.
67C. Preservation and retention of information by intermediaries.
68. Power of Controller to give directions.
69. Power to issue directions for interception or monitoring or decryption of any information through
any computer resource.
69A. Power to issue directions for blocking for public access of any information through any
computer resource.
69B. Power to authorise to monitor and collect traffic data or information through any computer
resource for cyber security.
70. Protected system.
70A. National nodal agency.
70B. Indian Computer Emergency Response Team to serve as national agency for incident response.
71. Penalty for misrepresentation.
72. Penalty for Breach of confidentiality and privacy.
72A. Punishment for disclosure of information in breach of lawful contract.
73. Penalty for publishing electronic signature Certificate false in certain particulars.
74. Publication for fraudulent purpose.
75. Act to apply for offence or contravention committed outside India.
76. Confiscation.
77. Compensation, penalties or confiscation not to interfere with other punishment.
77A. Compounding of offences.
77B. Offences with three years imprisonment to be bailable.
78. Power to investigate offences.
CHAPTER XII
INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES
79. Exemption from liability of intermediary in certain cases.
CHAPTER XIIA
EXAMINER OF ELECTRONIC EVIDENCE
79A. Central Government to notify Examiner of Electronic Evidence.
CHAPTER XIII
MISCELLANEOUS
80. Power of police officer and other officers to enter, search, etc.
81. Act to have overriding effect.
81A. Application of the Act to electronic cheque and truncated cheque.
82. Controller, Deputy Controller and Assistant Controller to be public servants.
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SECTIONS
83. Power to give directions.
84. Protection of action taken in good faith.
84A. Modes or methods for encryption.
84B. Punishment for abetment of offences.
84C. Punishment for attempt to commit offences.
85. Offences by companies.
86. Removal of difficulties.
87. Power of Central Government to make rules.
88. Constitution of Advisory Committee.
89. Power of Controller to make regulations.
90. Power of State Government to make rules.
91. [Omitted.].
92. [Omitted.].
93. [Omitted.].
94. [Omitted.].
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE [Omitted.].
THE FOURTH SCHEDULE [Omitted.].
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THE INFORMATION TECHNOLOGY ACT, 2000
ACT NO. 21 OF 2000
[9th June, 2000.]
An Act to provide legal recognition for transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to as
―electronic commerce ‖, which involve the use of alternatives to paper -based methods of
communication and storage of information, to facilitate electronic filing of documents with
the Government agencies and further to amend the Indian Penal Code, the Indian Evidence
Act, 1872, the Banker’s Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934
and for matters connected therewith or incidental thereto.
WHEREAS the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th
January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations
Commission on International Trade Law;
AND WHEREAS the said resolution recommends inter alia , that all States give favourable
consideration to the said Model Law when they enact or revise t heir laws, in view of the need for
uniformity of the law applicable to alternatives to paper -based methods of communication and storage of
information;
AND WHEREAS it is considered necessary to give effect to the said resolution and to promote efficient
delivery of Government services by means of reliable electronic records.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—
CHAPTER 1
PRELIMINARY
1. Short title, extent, commencement and application. —(1) This Act may be called the
Information Technology Act, 2000.
(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to
any offence or contravention thereunder committed outside India by any person.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint and
different dates may be appointed for different provisions of this Act and any reference in any such
provision to the commencement of this Act shall be construed as a reference to the commencement of that
provision.
2[(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule:
Provided that the Central Government may, by notification in the Official Gazette, amend the First
Schedule by way of addition or deletion of entries thereto.
(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.]
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) ―access‖ with its grammatical variations and cognate expressions means gaining entry into,
instructing or communicating with the logical, arithmetical , or memory function resources of a
computer, computer system or computer network;
(b) ―addressee‖ means a person who is intended by the originator to receive the electronic record
but does not include any intermediary;
(c) ―adjudicating officer ‖ means an adjudicating officer appointed under sub -section ( 1) of
section 46;
1. 17 th October, 2000, vide notification No. G.S.R. 788 (E), dated 17 th October, 2000, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
2. Subs. by Act 10 of 2009, s. 3, for sub-section (4) (w.e.f. 27-10-2009).
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(d) ―affixing 1[electronic signature] ‖ with its grammatical variations and cognate expressions
means adoption of any methodology or procedure by a person for the purpose of authenticating an
electronic record by means of digital signature;
2[(da) ―Appellate Tribunal‖ means the Appellate Tribunal referred to in sub-section (1) of section
48;]
(e) ―appropriate Government‖ means as respects any matter,–
(i) enumerated in List II of the Seventh Schedule to the Constitution;
(ii) relating to any State law enacted under List III of the Sevent h Schedule to the
Constitution,
the State Government and in any other case, the Central Government;
(f) ―asymmetric crypto system‖ means a system of a secure key p air consisting of a private key
for creating a digital signature and a public key to verify the digital signature;
(g) ―Certifying Authority‖ means a person who has be en granted a licence to issue a 1[electronic
signature] Certificate under section 24;
(h) ―certification practice statement ‖ means a statement issued by a Certifying Authority to
specify the practices that the Certifyi ng Authority employs in issuing 1[electronic signature]
Certificates;
3[(ha) ―communication device‖ means cell phones, personal digital assistance or combination of
both or any other device used to communicate, send or transmit any text, video, audio or image;]
(i) ―computer‖ means any electronic, magnetic, optical or other high-speed data processing device
or system which performs logical, arithmetic , and memory functions by manipulations of electronic,
magnetic or optical impulses, and includes all input, output, processing, storage, computer software or
communication facilities which are connected or related to the computer in a computer system or
computer network;
4[(j) ―computer network ‖ means the inter -connection of one or more compute rs or computer
systems or communication device through–
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication
media; and
(ii) terminals or a complex consisting of two or more interconnected computers or
communication device whether or not the inter-connection is continuously maintained;]
(k) ―computer resource‖ means computer, computer system, computer network, data, computer
data base or software;
(l) ―computer system‖ means a device or collection of devices, including input and output support
devices and excluding calculators which are not programmable and cap able of being used in
conjunction with external files , which contain computer programmes, electronic instructions, input
data and output data , that performs logic, arithmetic, data storage and retrieval, communication
control and other functions;
(m) ―Controller‖ means the Controller of Certifying Authorities appointed under sub -section (1)
of section 17;
5* * * * *
2[(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 members of the public;
1. Subs. by Act 10 of 2009, s. 2, for ―digital signature‖ (w.e.f. 27-10-2009).
2. Ins. by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017).
3. Ins. by Act 10 of 2009, s. 4, ibid. (w.e.f. 27-10-2009).
4. Subs. by s. 4, ibid., for clause (j) (w.e.f. 27-10-2009).
5. Clause (n) omitted by Act 7 of 2017, s.169 (w.e.f. 26-5-2017).
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(nb) ―cyber security ‖ means protecting information, equipment , devices, computer, computer
resource, communication device and information stored therein from unauthorised access, use,
disclosure, disruption, modification or destruction;]
(o) ―data‖ means a representation of information, knowledge, facts, concepts or instructions
which are being prepared or have been prepared in a formalised manner, and is intended to be
processed, is being processed or has been processed in a c omputer system or computer network, and
may be in any form (including computer printouts magnetic or optical storage media, punched cards,
punched tapes) or stored internally in the memory of the computer;
(p) ―digital signature‖ means authentication of any electronic record by a subscriber by means of
an electronic method or procedure in accordance with the provisions of section 3;
(q) ―Digital Signature Certificate‖ means a Digital Signature Certificate issued under sub -section
(4) of section 35;
(r) ―electronic form ‖ with reference to information, means any information generated, sent,
received or stored in media, magnetic, optical, computer memory, micro film, computer generated
micro fiche or similar device;
(s) ―Electronic Gazette‖ means the Official Gazette published in the electronic form;
(t) ―electronic record‖ means data, record or data generated, image or sound stored, received or
sent in an electronic form or micro film or computer generated micro fiche;
1[(ta) ―electronic signature ‖ means aut hentication of any electronic record by a subscriber by
means of the electronic technique specified in the Second Schedule and includes digital signature;
(tb) ―Electronic Signature Certificate ‖ means an Electronic Signature Certificate issued under
section 35 and includes Digital Signature Certificate;]
(u) ―function‖, in relation to a computer, includes logic, control, arithmetical process, deletion,
storage and retrieval and communication or telecommunication from or within a computer;
1[(ua) Indian Computer Emergency Response Team ‖ means an agency established under sub -
section (1) of Section 70B;]
(v) ―information‖ includes 2[data, message, text,] images, sound, voice, codes, computer
programmes, software and data bases or micro film or computer generated micro fiche;
3[(w) ―intermediary‖, with respect to any particular electronic records, means any person who on
behalf of another person receives, stores or transmits that record or provides any service with respect
to that record and includes telecom service providers, network service providers, internet service
providers, web-hosting service providers, search engines, online payment sites, online -auction sites,
online-market places and cyber cafes;]
(x) ―key pair ‖, in an asymmetric crypto system, mean s a private key and its mathematically
related public key, which are so related that the public key can verify a digital signature created by the
private key;
(y) ―law‖ includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the
President or a Governor, as the case may be, Regulations made by the President under article 240,
Bills enacted as President's Act under sub -clause (a) of clause ( 1) of article 357 of the Constitution
and includes rules, regulations, bye-laws and orders issued or made thereunder;
(z) ―licence‖ means a licence granted to a Certifying Authority under section 24;
(za) ―originator‖ means a person who sends, generates, stores or transmits any electronic message
or causes any electronic message to be sent, generated, stored or transmitted to any other person but
does not include an intermediary;
(zb) ―prescribed‖ means prescribed by rules made under this Act;
(zc) ―private key‖ means the key of a key pair used to create a digital signature;
1. Ins. by Act 10 of 2009, s. 4 (w.e.f. 27-10-2009).
2. Subs. by s. 4, ibid., for ―data, text‖ (w.e.f. 27-10-2009).
3. Subs. by s. 4, ibid., for clause (w) (w.e.f. 27-10-2009).
8
(zd) ―public key‖ means the key of a key pair used to verify a digital signature and listed in the
Digital Signature Certificate;
(ze) ―secure system‖ means computer hardware, software, and procedure that–
(a) are reasonably secure from unauthorised access and misuse;
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions; and
(d) adhere to generally accepted security procedures;
(zf) ―security procedure‖ means the security procedure prescribed under section 16 by the Central
Government;
(zg) ―subscriber‖ means a person in whose name the 1[electronic signature] Certificate is issued;
(zh) ―verify‖, in relation to a di gital signature, electronic record or public key, with its
grammatical variations and cognate expressions, means to determine whether–
(a) the initial electronic record was affixed with the digital signature by the use of private key
corresponding to the public key of the subscriber;
(b) the initial electronic record is retained intact or has been altered since such electronic
record was so affixed with the digital signature.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in
which such enactment or such provision is not in force, be construed as a reference to the corresponding
law or the relevant provision of the corresponding law, if any, in force in that area.
CHAPTER II
2[DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE]
3. Authentication of electronic records. –(1) Subject to the provisions of this section any subscriber
may authenticate an electronic record by affixing his digital signature.
(2) The authentication of the electronic record shall be ef fected by the use of asymmetric crypto
system and hash function which envelop and transform the initial electronic record into another electronic
record.
Explanation.–For the purposes of this sub -section, ―hash function‖ means an algorithm mapping or
translation of one sequence of bits into another, generally smaller, set known as ―hash result‖ such that an
electronic record yields the same hash result every time the algorithm is executed with the same electronic
record as its input making it computationally infeasible–
(a) to derive or reconstruct the original electronic record from the hash result produced by the
algorithm;
(b) that two electronic records can produce the same hash result using the algorithm.
(3) Any person by the use of a public key of the subscriber can verify the electronic record.
(4) The private key and the public key are unique to the subscriber and constitute a functioning key
pair.
3[3A. Electronic signature.—(1) Notwithstanding anything contained in section 3, but subject to the
provisions of sub -section ( 2), a subscriber may authenticate any electronic record by such electronic
signature or electronic authentication technique which—
(a) is considered reliable; and
(b) may be specified in the Second Schedule.
(2) For the purposes of this section any electronic signature or electronic authentication technique
shall be considered reliable if—
1. Subs. by Act 10 of 2009, s. 2, for ―digital signature‖ (w.e.f. 27-10-2009).
2. Subs. by s. 5, ibid., for the heading ―DIGITAL SIGNATURE‖ (w.e.f. 27-10-2009).
3. Ins. by s. 6, ibid. (w.e.f. 27-10-2009).
9
(a) the signature creation data or the authentication data are, within the context in which they are
used, linked to the signatory or, as the case may be, the authenticator and to no other person;
(b) the signature creation data or the authentication data were, at the time of signing, under the
control of the signatory or, as the case may be, the authenticator and of no other person;
(c) any alteration to the electronic signature made after affixing such signature is detectable;
(d) any alteration to the information made after its authentication by electronic signature is
detectable; and
(e) it fulfils such other conditions which may be prescribed.
(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether
electronic signature is that of the person by whom it is purported to have been affixed or authenticated.
(4) The Central Gove rnment may, by notification in the Official Gazette, add to or omit any
electronic signature or electronic authentication technique and the procedure for affixing such signature
from the Second Schedule:
Provided that no electronic signature or authenticat ion technique shall be specified in the Second
Schedule unless such signature or technique is reliable.
(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.]
CHAPTER III
ELECTRONIC GOVERNANCE
4. Legal recognition of electronic records.—Where any law provides that information or any other
matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained
in such law, such requirement shall be deemed to have been satisfied if such information or matter is–
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
5. Legal recognition of 1[electronic signatures].—Where any law provides that information or any
other matter shall be authenticated by affixing the signature or any document shall be signed or bear the
signature of any person, then, notwithstanding anything contained in such law, such requirement shall b e
deemed to have been satisfied, if such information or matter is authenticated by means of 1[electronic
signature] affixed in such manner as may be prescribed by the Central Government.
Explanation.–For the purposes of this section, ―signed‖, with its grammatical variations and cognate
expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on
any document and the expression ―signature‖ shall be construed accordingly.
6. Use of electronic record s and 1[electronic signatures ] in Government and its agencies .–(1)
Where any law provides for—
(a) the filing of any form, application or any other document with any office, authority, body or
agency owned or controlled by the appropriate Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a
particular manner;
(c) the receipt or payment of money in a particular manner,
then, notwithstanding anything contained in any other law for the time being in force, such requirement
shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be,
is effected by means of such electronic form as may be prescribed by the appropriate Government.
(2) The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe—
(a) the manner and format in which such electronic records shall be filed, created or issued;
1. Subs. by Act 10 of 2009, s. 2, for ―digital signatures‖ (w.e.f. 27-10-2009).
10
(b) the manner or method of payment of any fee or charges for filing, creation or issue any
electronic record under clause (a).
1[6A. Delivery of services by service provider .—(1) The appropriate Government may, for the
purposes of this Chapter and for efficient delivery of services to the public through electronic means
authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and
perform such other services as it may specify, by notification in the Official Gazette.
Explanation.—For the purposes of this 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 appropr iate Government to offer services through
electronic means in accordance with the policy governing such service sector.
(2) The appropriate Government may also authorise any service provider authorised under
sub-section ( 1) to collect, retain and appropriate such service charges, as may be prescribed by the
appropriate Government for the purpose of providing such services, from the person availing such
service.
(3) Subject to the provisions of sub-section (2), the appropriate Government may authorise the service
providers to collect, retain and appropriate service charges under this section notwithstanding the fact that
there is no express provision under the Act, rule, regulation or notification under which the service is
provided to collect, retain and appropriate e-service charges by the service providers.
(4) The appropriate Government shall, by notification in the Official Gazette, specify the scale of
service charges which may be charged and collected by the service providers under this section:
Provided that the appropriate Government may specify different scale of service charges for different
types of services.]
7. Retention of electronic records .—(1) Where any law provides that documents, records or
information shall be retained for any specific period, then, that requirement shall be deemed to have been
satisfied if such documents, records or information are retained in the electronic form, if—
(a) the information contained therein remains accessible so as to be usable for a subsequent
reference;
(b) the electronic record is retained in the format in which it was originally generated, sent or
received or in a format which can be demonstrated to represent accurately the information originally
generated, sent or received;
(c) the details wh ich will facilitate the identification of the origin, destination, date and time of
despatch or receipt of such electronic record are available in the electronic record:
Provided that this clause does not apply to any information which is automatically gen erated
solely for the purpose of enabling an electronic record to be despatched or received.
(2) Nothing in this section shall apply to any law that expressly provides for the retention of
documents, records or information in the form of electronic records.
2[7A. Audit of documents , etc., maintained in electronic form .—Where in any law for the time
being in force, there is a provision for audit of documents, records or information, that provision shall also
be applicable for audit of documents, records or information processed and main tained in the electronic
form.]
8. Publication of rule, regulation, etc., in Electronic Gazette .—Where any law provides that any
rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette,
then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye -law,
notification or any other matter is published in the Official Gazette or Electronic Gazette:
Provided that where any rule, regulation, ord er, by-law, notification or any other matter is published
in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the
Gazette which was first published in any form.
9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic
form.—Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any
1. Ins. by Act 10 of 2009, s. 7 (w.e.f. 27-10-2009).
2. Ins. by s. 8, ibid. (w.e.f. 27-10-2009).
11
Ministry or Department of the Central Government or the State Government or any authority or body
established by or under any law or controlled or funded by the Central or State Government should
accept, issue, create, retain and preserve any document in the form of electronic records or effect any
monetary transaction in the electronic form.
10. Power t o make rules by Central Government in respect of 1[electronic signature ].—The
Central Government may, for the purposes of this Act, by rules, prescribe—
(a) the type of 1[electronic signature];
(b) the manner and format in which the 1[electronic signature] shall be affixed;
(c) the manner or procedure which facilitates identification of the person affixing the 1[electronic
signature];
(d) control processes and procedures to ensure adequate integrity, security and confidentiality of
electronic records or payments; and
(e) any other matter which is necessary to give legal effect to 1[electronic signatures].
2[10A. Validity of contracts formed through electronic means .—Where in a contract formation,
the communication of proposals, the acceptance of proposals, the revocation of proposals and
acceptances, as the case may be, are expressed in electronic form or by means of an electronic records,
such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or
means was used for that purpose.]
CHAPTER IV
ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
11. Attribution of electronic records.—An electronic record shall be attributed to the originator—
(a) if it was sent by the originator himself;
(b) by a person who had the authority to act on behalf of the originator in respect of that
electronic record; or
(c) by an information system programmed by or on behalf of the originator to operate
automatically.
12. Acknowledgment of receipt .—(1) Where the originator has not 3[stipulated] that the
acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an
acknowledgment may be given by—
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record
has been received.
(2) Where the originator has stipulated that the electronic record shall be binding only on receipt of an
acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the
electronic record shall he deemed to have been never sent by the originator.
(3) Where the originator has not stipulated th at the electronic record shall be binding only on re ceipt
of such acknowledgment, and the acknowledg ment has not been received by the originator within the
time specified or agreed or, if no time has been specified or agreed to within a reasonable time, th en the
originator may give notice to the addressee stating that no acknowledgment has been received by him and
specifying a reasonab le time by which the acknowledg ment must be recei ved by him and if no
acknowledgment is received within the aforesaid time l imit he may after giving notice to the addressee,
treat the electronic record as though it has never been sent.
13. Time and place of despatch and receipt of electronic record.—(1) Save as otherwise agreed to
between the originator and the addressee, the despatch of an electronic record occurs when it enters a
computer resource outside the control of the originator.
1. Subs. by Act 10 of 2009, s. 2, for ―digital signature‖ (w.e.f. 27-10-2009).
2. Ins. by s. 9, ibid. (w.e.f. 27-10-2009).
3. Subs. by s. 10, ibid., for ―agreed with the addressee‖ (w.e.f. 27-10-2009).
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(2) Save as otherwise agreed between the originator and the addressee, the time of receipt of an
electronic record shall be determined as follows, namely:—
(a) if the addressee has designated a computer resource for the purpose of receiving electronic
records,—
(i) receipt occurs at the time when the electronic record enters the designated computer
resource; or
(ii) if the electronic record is sent to a computer resource of the addressee that is not the
designated computer resource, receipt occurs at the time when the electronic record is retrieved
by the addressee;
(b) if the addressee has not designated a computer res ource along with specified timings, if any,
receipt occurs when the electronic record enters the computer resource of the addressee.
(3) Save as otherwise agreed to between the originator and the addressee, an electronic record is
deemed to be despatched a t the place where the originator has his place of business, and is deemed to be
received at the place where the addressee has his place of business.
(4) The provisions of sub -section (2) shall apply notwithstanding that the place where the computer
resource is located may be different from the place where the electronic record is deemed to have been
received under sub-section (3).
(5) For the purposes of this section,–
(a) if the originator or the addressee has more than one place of business, the principal place of
business, shall be the place of business;
(b) if the originator or the addressee does not have a place of business, his usual place of
residence shall be deemed to be the place of business;
(c) ―usual place of residence ‖, in relation to a body corporate, means the place where it is
registered.
CHAPTER V
SECURE ELECTRONIC RECORDS AND SECURE 1[ELECTRONIC SIGNATURE]
14. Secure electronic record .—Where any security procedure has been applied to an electronic
record at a specific point of time, then such record shall he deemed to be a secure electronic record from
such point of time to the time of verification.
2[15. Secure electronic signature.—An electronic signature shall be deemed to be a secure electronic
signature if—
(i) the signature creation data, at the time of affixing signature, was under the exclusive control of
signatory and no other person; and
(ii) the signature creation data was stored and affixed in such exclusive manner as may be
prescribed.
Explanation.–In case o f digital signature, the ―signature creation data ‖ means the private key of the
subscriber.
16. Security procedures and practices.—The Central Government may, for the purposes of sections
14 and 15, 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 of transactions and such other related factors as it
may consider appropriate.]
CHAPTER VI
REGULATION OF CERTIFYING AUTHORITIES
17. Appointment of Controller and other officers .—(1) The Central Government may, by
notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this
Act and may also by the same or subsequ ent notification appoint suc h number of Deputy Controllers
3[, Assistant Controllers, other officers and employees] as it deems fit.
1. Subs. by Act 10 of 2009, s. 2, for ―digital signatures‖ (w.e.f. 27-10-2009).
2. Subs. by s 11, ibid., for sections 15 and 16 (w.e.f. 27-10-2009).
3. Subs. by s.12, ibid., for ―and Assistant Controllers‖ (w.e.f. 27-10-2009).
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(2) The Controller shall discharge his functions under this Act subject to the general control and
directions of the Central Government.
(3) The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by
the Controller under the general superintendence and control of the Controller.
(4) The qualifications, experience and terms and conditions of service of Controller, Deputy
Controllers 1[,Assistant Controllers, other officers and employees] shall be such as may be prescribed by
the Central Government.
(5) The Head Office and Branch Offi ce of the office of the Controller shall be at such places as the
Central Government may specify, and these may be established at such places as the Central Government
may think fit.
(6) There shall be a seal of the Office of the Controller.
18. Functions of Controller.—The Controller may perform all or any of th e following functions,
namely:–
(a) exercising supervision over the activities of the Certifying Authorities;
(b) certifying public keys of the Certifying Authorities;
(c) laying down the standards to be maintained by the Certifying Authorities;
(d) specifying the qualifications and experience which employees of the Certifying Authority
should possess;
(e) specifying the conditions subject to which the Certifying Authorities shall conduct their
business;
(f) specifying the contents of written, printed or visual materials and advertisements that may be
distributed or used in respect of a 2[electronic signature] Certificate and the public key;
(g) specifying the form and content of a 2[electronic signature] Certificate and the key;
(h) specifying the form and manner in which accounts shall be maintained by the Certifying
Authorities;
(i) specifying the terms and conditions subject to which auditors may be appointed and the
remuneration to be paid to them;
(j) facilitating the establishment of any electronic system by a Certifying Authority either solely
or jointly with other Certifying Authorities and regulation of such systems;
(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the
subscribers;
(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;
(m) laying down the duties of the Certifying Authorities;
(n) maintaining a data base containing the disclosure record of every Certifying Authority
containing such particulars as may be specified by regulations, which shall be accessible to public.
19. Recognition of foreign Certifying Authorities .—(1) Subject to such conditions and restrictions
as may be specified by regulations, the Controller may with the previous approval of the Central
Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a
Certifying Authority for the purposes of this Act.
(2) Where any Certifying A uthority is recognised under sub -section ( 1), the 2[electronic signature]
Certificate issued by such Certifying Authority shall be valid for the purposes of this Act.
(3) The Controller may, if he is satisfied that any Certifying Authority has contravened any of the
conditions and restrictions subject to which it was granted recognition under sub -section (1) he may, for
reasons to be recorded in writing, by notification in the Official Gazette, revoke such recognition.
1. Subs. by Act 10 of 2009, s. 12, for ―Assistant Controllers‖ (w.e.f. 27-10-2009).
2. Subs. by s. 2, ibid., for ―Digital Signature‖ (w.e.f. 27-10-2009).
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20. [Controller to act as repository .] Omitted by the Information Technology (Amendment) Act,
2008 (10 of 2009), s. 13 (w.e.f. 27-10-2009).
21. Licence to issue 1[electronic signature] Certificates.—(1) Subject to the provisions of
sub-section (2), any person may make an application, to the Controller, for a licence to issue 1[electronic
signature] Certificates.
(2) No licence shall be issued under sub -section ( 1), unless the applicant fulfil s such requirements
with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities,
which ar e necessary to issue 1[electronic signature] Certificates as may be presc ribed by the Central
Government.
(3) A licence granted under this section shall—
(a) be valid for such period as may be prescribed by the Central Government;
(b) not be transferable or heritable;
(c) be subject to such terms and conditions as may be specified by the regulations.
22. Application for licence .—(1) Every application for issue of a licence shall be in such form as
may be prescribed by the Central Government.
(2) Every application for issue of a licence shall be accompanied by—
(a) a certification practice statement;
(b) a statement including the procedures with respect to identification of the applicant;
(c) payment of such fees, not exceeding twenty -five thousand rupees as may be prescribed by the
Central Government;
(d) such other documents, as may be prescribed by the Central Government.
23. Renewal of licence.—An application for renewal of a licence shall be—
(a) in such form;
(b) accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by the
Central Government and shall be made not less than forty -five days before the date of expiry of the
period of validity of the licence.
24. Procedure for grant or rejection of licence .—The Controller may, on receipt of an application
under sub-section (1) of section 21, after considering the documents accompanying the application and
such other factors, as he deems fit, grant the licence or reject the application:
Provided that no application shall be rejected under this section unless the applicant has been given a
reasonable opportunity of presenting his case.
25. Suspension of licence .—(1) The Contr oller may, if he is satisfied after making such inquiry, as
he may think fit, that a Certifying Authority has—
(a) made a statement in, or in relation to, the application for the issue or renewal of the licence,
which is incorrect or false in material particulars;
(b) failed to comply with the terms and conditions subject to which the licence was granted;
2[(c) failed to maintain the procedures and standards specified in section 30;]
(d) contravened any provisions of this Act, rule, regulation or order made thereunder,
revoke the licence:
Provided that no licence shall be revoked unless the Certifying Authority has been given a reasonable
opportunity of showing cause against the proposed revocation.
(2) The Controller may, if he has reasonable cause to believe that there is any ground for revoking a
licence under sub -section ( 1), by order suspend such licence pending the c ompletion of any enquiry
ordered by him:
1. Subs. by Act 10 of 2009, s. 2, for ―Digital Signature‖ (w.e.f. 27-10-2009).
2. Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002).
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Provided that no licence shall be suspended for a period exceeding ten days unless the Certifying
Authority has been given a reasonable opportunity of showing cause against the proposed suspension.
(3) No Certifying Authority whose licence has been suspended shall issue any 1[electronic signature]
Certificate during such suspension.
26. Notice of suspension or revocation of licence .—(1) Where the licence of the Certifying
Authority is suspended or revoked, the Controller shall publish notice of such suspension or revocation,
as the case may be, in the data base maintained by him.
(2) Where one or more repositories are specified, the Controller shall publi sh notices of such
suspension or revocation, as the case may be, in all such repositories:
Provided that the data base containing the notice of such suspension or revocation, as the case may
be, shall be made available through a web site which shall be accessible round the clock:
Provided further that the Controller may, if hExcerpt shown. Open the full act in Lexace.