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Information Technology (Amendment) Act 2008 Part 2 50

Title: Amendments to the Information Technology Act, 2000

State: Central

Year: 2008

.....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.'. Section 12 - Amendment of section 17 In section 17 of the principal Act,-- (a) in sub-section (1), for the words "and Assistant Controllers", the words ", Assistant Controllers, other officers and employees" shall be substituted; and (b) in sub-section (4), for the words "and Assistant Controllers", the words ", Assistant Controllers, other officers and employees" shall be substituted.". Section 13 - Omission of section 20 Section 20 of the principal Act shall be omitted. Section 14 - Amendment of section 29 In section 29 of the principal Act, in sub-section (1), for the words "any contravention of the provisions of this Act, rules or regulations made thereunder", the words "any contravention of the provisions of this Chapter" shall be substituted. Section 15 - Amendment of section 30 In section 30 of the principal Act,-- (i) in clause (c), after the word "assured", the word "and" shall be omitted; (ii) after clause (c), the following.....

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Information Technology (Amendment) Act 2008 Section 32

Title: Substitution of New Sections for Sections 66 and 67

State: Central

Year: 2008

.....either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form-- (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bona fide heritage or religious purpose's. Explanation.-- For the purposes of this section, "children" means a person who has not completed the age of 18 years. 67C. Preservation and retention of information by intermediaries.- (1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe. (2) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (1) shall be punished with an imprisonment for a term which may extend to.....

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Information Technology (Amendment) Act 2008 Section 40

Title: Substitution of New Chapters for Chapter Xii

State: Central

Year: 2008

..... (a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; (b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. Explanation.--For the purposes of this section, the expression "third party information" means any information dealt with by an intermediary in his capacity as an intermediary. CHAPTER XIIA Examiner of electronic evidence 79A. Central Government to notify Examiner of Electronic Evidence.- The Central Government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence. Explanation.--For.....

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