Electronic Record - Bare Acts

Information Technology Act, 2000 Chapter IV

Title: Attribution, Acknowledgement and Despatch of Electronic Records

State: Central

Year: 2000

.....and the addressee, an electronic record is deemed to be despatched at 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.

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Information Technology Act, 2000 Section 3

Title: Authentication of Electronic Records

State: Central

Year: 2000

(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 effected 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.

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Information Technology Act, 2000 Section 13

Title: Time and Place of Despatch and Receipt of Electronic Record

State: Central

Year: 2000

.....and the addressee, an electronic record is deemed to be despatched at 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.

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Indian Evidence Act 1872 Section 65B

Title: Admissibility of Electronic Records

State: Central

Year: 1872

.....shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: - (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in me electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) 'throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and .....

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Information Technology Act, 2000 Section 7

Title: Retention of Electronic Records

State: Central

Year: 2000

(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 which 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 generated 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.

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Information Technology Act, 2000 Chapter V

Title: Secure Electronic Records and Secure Digital Signatures

State: Central

Year: 2000

.....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.'.] ______________________ 1. Substituted vide Information Technology (Amendment) Act, 2008 Prior to substitution text read as under :- The Central Government shall, for the purposes of this Act, prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including-- (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions or communications.

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Indian Evidence Act 1872 Section 85B

Title: Presumption as to Electronic Records and Electronic Signatures

State: Central

Year: 1872

(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure 1[electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any digital signature. _____________________ 1. Substituted vide IT Amendment Act, 2008 prior text was ""digital signature"

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Companies Act, 1956 Section 610C

Title: Power to Modify Act in Relation to Electronic Records (Including the Manner and Form in Which Electronic Records Shall Be Filed)

State: Central

Year: 1956

.....specified under section 610B in the electronic form,-- (a) shall not apply, in relation to the matters specified under clauses (a) to (f) of sub-section (1) of section 610B, as may be specified in the notification; or (b) shall apply, in relation to the matters specified under clauses (a) to (f) of sub-section (1) of section 610B only with such consequential exceptions, modifications or adoptions as may be specified in the notification: Provided that no such notification which relates to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or offence shall be issued under this sub-section. (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the.....

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Indian Evidence Act 1872 Section 35

Title: Relevancy of Entry in Public Record or an Electronic Record Made in Performance of Duty

State: Central

Year: 1872

35. Relevancy of entry in public 1 [record or an electronic record] made in performance of duty An entry in any public or other official book, register or 1 [record or an electronic record], stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register, or 1 [record or an electronic record] is kept, is itself a relevant fact. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "record" (w.e.f. 17-10-2000).

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Indian Penal Code (45 of 1860) Section 471

Title: Using as Genuine a Forged Document or Electronic Record

State: Central

Year: 1860

471. Using as genuine a forged1[document or electronic record] Whoever fraudulently or dishonestly uses as genuine any1[document or electronic record] which he knows or has reason to believe to be a forged1[document or electronic record], shall be punished in the same manner as if he had forged such1[document or electronic record]. ________________________ 1. Substituted by Act 21 of 2000, section 91 and Schedule, I, for "document" (w.e.f. 17-10-2000).

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