Title : Amendment of Section 68
State : Central
Year : 2008
In section 68 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-- "(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both.". View Complete Act List Judgments citing this sectionTitle : Substitution of New Chapters for Chapter Xii
State : Central
Year : 2008
For Chapter XII of the principal Act, the following Chapters shall be substituted, namely:-- 'CHAPTER XII Intermediaries not to be liable in certain cases 79. Exemption from liability of intermediary in certain cases.-- (1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him. (2) The provisions of sub-section (1) shall apply if-- (a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; or (b) the intermediary does not-- (i)..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Sections 15 and 16
State : Central
Year : 2008
For sections 15 and 16 of the principal Act, the following sections shall be substituted, namely:-- 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 of 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..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 29
State : Central
Year : 2008
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. View Complete Act List Judgments citing this sectionTitle : Amendment of Section 46
State : Central
Year : 2008
In section 46 of the principal Act,-- (a) in sub-section (1), for the words "direction or order made thereunder", the words "direction or order made thereunder which renders him liable to pay penalty or compensation," shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crore: Provided that the jurisdiction in respect of the claim for injury or damage exceeding rupees five crore shall vest with the competent court."; (c) in sub-section (5), after clause (b), the following clause shall be inserted, namely:-- "(c) shall be deemed to be a civil court..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 1
State : Central
Year : 2008
In section 1 of the principal Act, for sub-section (4), the following sub-sections shall be substituted, namely:-- "(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.". View Complete Act List Judgments citing this sectionTitle : Insertion of New Section 6a
State : Central
Year : 2008
After section 6 of the principal Act, the following section shall be inserted, namely:-- '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 appropriate Government to offer services through electronic means..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 81
State : Central
Year : 2008
In section 81 of the principal Act, the following proviso shall be inserted at the end, namely:-- "Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957((14 of 1957)) or the Patents Act, 1970(39 of 1970).". View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Sections 66 and 67
State : Central
Year : 2008
For sections 66 and 67 of the principal Act, the following sections shall be substituted, namely:-- '66. Computer related offences.- If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Explanation.--For the purposes of this section,-- (a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code[45 of 1860]; (b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code[45 of 1860]. 66A. Punishment for sending offensive messages through communication service, etc.- Any person who sends, by means of a computer resource..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Section 77
State : Central
Year : 2008
For section 77 of the principal Act, the following sections shall be substituted, namely:-- "77. Compensation, penalties or confiscation not to interfere with other punishment.-- No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. 77A. Compounding of offences.-- A court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided, under this Act: Provided that the court shall not compound such offence where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a..... View Complete Act List Judgments citing this section