Information Technology Amendment Act 2008 Section 38 - Bare Acts

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 Preamble 1

Title: The Information Technology (Amendment) Act, 2008

State: Central

Year: 2008

THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008 [Act No. 10 of 2009] [5th February 2009] PREAMBLE An Act further to amend the Information Technology Act, 2000. Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:--

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Information Technology (Amendment) Act 2008 Section 26

Title: Substitution of New Sections for Sections 49 to 52

State: Central

Year: 2008

For sections 49 to 52 of the principal Act, the following sections shall be substituted, namely:-- "49. Composition of Cyber Appellate Tribunal.-- (1) The Cyber Appellate Tribunal shall consist of a Chairperson and such number of other Members, as the Central Government may, by notification in the Official Gazette, appoint: Provided that the person appointed as the Presiding Officer of the Cyber Appellate Tribunal under the provisions of this Act immediately before the commencement of the Information Technology (Amendment) Act, 2008 shall be deemed to have been appointed as the Chairperson of the said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008. (2) The selection of Chairperson and Members of the Cyber Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India. (3) Subject to the provisions of this Act-- (a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may be exercised by the Benches thereof; (b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tribunal with one or two Members of such Tribunal as.....

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Information Technology (Amendment) Act 2008 Complete Act

Title: Information Technology (Amendment) Act 2008

State: Central

Year: 2008

.....title and commencement Part 2 50 Section2 - Substitution of words "digital signature" by words "electronic signature". Section3 - Amendment of section 1 Section4 - Amendment of section 2 Section5 - Amendment of heading of Chapter II Section6 - Insertion of new section 3A Section8 - Insertion of new section 6A Section9 - Insertion of new section 10A Section10 - Amendment of section 12 Section11 - Substitution of new sections for sections 15 and 16 Section12 - Amendment of section 17 Section13 - Omission of section 20 Section14 - Amendment of section 29 Section15 - Amendment of section 30 Section16 - Amendment of section 34 Section17 - Amendment of section 35 Section18 - Amendment of section 36 Section19 - Insertion of new section 40A Section20 - Amendment of heading of Chapter IX Section21 - Amendment of section 43 Section22 - Insertion of new section 43A Section23 - Amendment of section 46 Section24 - Amendment of heading of Chapter X Section25 - Amendment of section 48 Section26 - Substitution of new sections for sections 49 to 52 Section27 - Amendment of section 53 Section28 - Amendment of section 54 Section29 - Amendment of section 55 Section30.....

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Information Technology (Amendment) Act 2008 Part 51 52

Title: Amendment of the Indian Penal Code

State: Central

Year: 2008

.....the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact. Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert."; (c) Amendment of section 47A -in section 47A,-- (i) for the words "digital signature", the words "electronic signature" shall be substituted; (ii) for the words "Digital Signature Certificate", the words "Electronic Signature Certificate" shall be substituted; (d) Amendment of section 67A -in section 67A, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; (e) Amendment of section 85A - in section 85A, for the words "digital signature" at both the places where they occur, the words "electronic signature" shall be substituted; (f) Amendment of section 85B.-in section 85B, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; (g) Amendment of section 85C in section 85C, for the words "Digital Signature Certificate", the words "Electronic Signature Certificate" shall be substituted; (h) Amendment.....

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Information Technology (Amendment) Act 2008 Section 34

Title: Substitution of New Sections for Section 69

State: Central

Year: 2008

For section 69 of the principal Act, the following sections shall be substituted, namely:-- '69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource - (1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. (2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be.....

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Information Technology (Amendment) Act 2008 Section 46

Title: Amendment of Section 87

State: Central

Year: 2008

.....namely:-- "(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;"; (iv) in clause (f), for the words "and Assistant Controllers", the words ", Assistant Controllers, other officers and employees" shall be substituted; (v) clause (g) shall be omitted; (vi) after clause (m), the following clause shall be inserted, namely:-- "(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;"; (vii) after clause (o), the following clauses shall be inserted, namely:-- "(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;"; (viii) in clause (r), for the words "Presiding Officer", the words "Chairperson and Members" shall be substituted; (ix) in clause (s), for the words "Presiding Officer", the words "Chairperson and Members" shall be substituted; (x) for clause (w), the following clauses shall be substituted, namely:-- "(w) the powers and functions of the Chairperson of the Cyber Appellate Tribunal under.....

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Information Technology (Amendment) Act 2008 Section 52

Title: Amendment of Indian Evidence Act

State: Central

Year: 2008

.....the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact. Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert."; (c) Amendment of section 47A -in section 47A,-- (i) for the words "digital signature", the words "electronic signature" shall be substituted; (ii) for the words "Digital Signature Certificate", the words "Electronic Signature Certificate" shall be substituted; (d) Amendment of section 67A -in section 67A, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; (e) Amendment of section 85A - in section 85A, for the words "digital signature" at both the places where they occur, the words "electronic signature" shall be substituted; (f) Amendment of section 85B.-in section 85B, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; (g) Amendment of section 85C in section 85C, for the words "Digital Signature Certificate", the words "Electronic Signature Certificate" shall be substituted; (h) Amendment.....

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Information Technology (Amendment) Act 2008 Part I

Title: Preliminary

State: Central

Year: 2008

(1) This Act may be called the Information Technology (Amendment) Act, 2008. (2) It shall come into force on 1[such date as the Central Government may, by notification in the Official Gazette, appoint :] Provided that 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 coming into force of that provision. ____________________________ 1. The Information Technology (Amendment) Act, 2008 is effective from 27.10.2009 vide Notification No. SO2690(E) dated 27.10.2009.

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Information Technology (Amendment) Act 2008 Section 1

Title: Short Title and Commencement

State: Central

Year: 2008

(1) This Act may be called the Information Technology (Amendment) Act, 2008. (2) It shall come into force on 1[such date as the Central Government may, by notification in the Official Gazette, appoint :] Provided that 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 coming into force of that provision. ____________________________ 1. The Information Technology (Amendment) Act, 2008 is effective from 27.10.2009 vide Notification No. SO2690(E) dated 27.10.2009.

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