CSunit-1 2023-24
CSunit-1 2023-24
Electronic Signature
CHAPTER III Electronic Governance 4. Legal recognition of electronic records
5. Legal recognition of electronic signatures
6. Use of electronic records and digital
signatures in government and its agencies.
7. Retention of electronic records
8. Publication of rule regulation etc, in
Electronic Gazette.
9. Sections 6, 7, 8 and not to confer right to
insist documents should be accepted in an
electronic form
10. Power to make rules by Central
Governemnt in respect to digital signature
Chapter Number Chapter Title Name of the Sections in the
Chapter
CHAPTER XIII Miscellaneous 80. Power of police officer and other officers to
enter and search, etc
81. Act to overriding effect
82. Chairperson, Members, officers and
employees to be public servants.
83. Power to give directions
84. Protection of action taken in good faith
85. Offences by companies
86. Removal of difficulties
87. Power of central government to make rules.
88. Constitution of advisory committee
89. Power of controller to make regulations
90. Power of state government to make rules.
• Sections 65, 66, 67, 71, 72,73 and 74 in CHAPTER XI
(offences) of the Indian ITA 2000 are relevant to the
discussion of cybercrime in legal context. The relevant
portion from that is follows:
• Section 65: Tampering with computer source
documents.
• Whoever knowingly or intentionally conceals, destroys
or alters or intentionally or knowingly causes another
to conceal, destroy or alter any computer source code
used for a computer, computer programme, computer
system or computer networks, when the computer
source code is required to be kept or maintained by
law for the time being in force, shall be punishable
with
• 3 years imprisonment or fine-200000 or both
• Section 66: Computer-related offences
• Whoever with the intent to cause or knowing
that he is likely to cause wrongful loss or
damage to the public or any person destroys
or deletes or alters any information residing in
a computer resources or diminishes its value
or utility or affects it injuriously by any means,
commits hack.
• 3 years imprisonment or fine-500000 or both
• Section 67: punishment for publishing or
transmitting obscene material in electronic from.
• Whoever publishes or transmits or causes to be
published in the electronic form, any material
which is lascivious or appeals to the prurient
interest or if its effect is such as to tend to
deprave and corrupt person who are likely, having
regard to all relevant circumstances, to read, see
or hear the matter contained or embodied in it,
shall be punished
• 3 years imprisonment or fine-500000 or both
• Section 71: penalty for misrepresentation
• Whoever makes any misrepresentation to, or
suppresses any material fact from, the
controller or the certifying authority for
obtaining any license or digital Signature
Certificate, as the case may be, shall be
punished with imprisonment for a term which
may extend to 2 years, or with fine which may
extend to 1 lakh rupees.
• Section 72: penalty for breach of
confidentiality and privacy.
• Access to any electronic record, book, register,
correspondence, information, document or
other material without the consent of the
person concerned discloses such electronic
record, book, register, correspondence,
information, document or other material to
any other person shall be:
• 2 years imprisonment or fine-100000 or both
• Section 73: Penalty for publishing Digital
Signature Certificate false in certain particulars
• No person shall publish a Digital Signature
Certificate or otherwise make it available to any
other person with knowledge that:
– The certifying authority listed in the certificate has not
issued it or
– The subscriber listed in the certificate has not
accepted it.
– The certificate has been revoked or suspended, unless
such publication is for the purpose of verifying a
digital signature created prior to such suspension or
revocation.
• 2 years or 1 lakh or both.
• Section 74: publication for fraudulent purpose
• Whoever,
• Knowingly creates, publishes or otherwise
makes available a Digital Signature Certificate
for any fraudulent or unlawful purpose-
• 2 years or 1 lakh.
Summary of changes to Indian act
2000
Section No Changes Made
2 2(d) modified, and the term "Digital Signature" replaced with "Electronic Signature" in the Act
2(ta) and 2(tb) introduces the term of "Electronic Signature" and "Electronic Signature Certificate"
20 Section deleted
The clause has been re written with significant changes. Applies to all contraventions listed in Section
66
43. Fine increased to Rs 5 lakhs
New Sections added under 66A, 66B,66 C,66D, 66E and 66 F to cover new offences.
Refers to the powers of the Controller to direct Certifying Authorities for compliance. No significant
68
change. Penal powers to be applicable only on intentional violation
Scope extended from decryption to interception, monitoring also. Control will be on a designated
69
officer and not the Controller.
69A: New Section introduced to enable blocking of websites.
69B: New section that provides powers for monitoring and collecting traffic data etc.
Critical Infrastructure System defined and section restricted to only such systems. Security practices
70
to be notified.
70A: New Section added to define National Nodal Agency for Critical Information Infrastructure
protection.
70B Indian Computer Emergency Response Team to be the nodal agency for incident response.
77 77A; New Section introduced to provide for Compounding of offences with punishment upto 3 years.
77B: New Section introduced to consider all offences with 3 years imprisonment under the Act as
"Cognizable" and bailable.
Section No Changes Made
78 Power to investigate any cognizable offence vested with Inspectors instead of DSPs
Modified to slightly shift the onus of proving liability on the prosecution. Otherwise no significant
79
change.
79 A: New Section introduced to provide for the Government to designate any government body as
an Examiner of Electronic Evidence
80 The powers earlier available to DSP is now made available to Inspectors
81 Amended to keep the primacy of Copyright and Patent acts above ITA 2000