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Start Free TrialInformation Technology Act, 2000 Section 42
Title: Control of Private Key
State: Central
Year: 2000
(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure1[***]. (2) If the private key corresponding to the public key listed in the Digital Signature Certificate has been compromised, then, the subscriber shall communicate the same without any delay to the Certifying Authority in such manner as may be specified by the regulations. Explanation.--For the removal of doubts, it is hereby declared that the subscriber shall be liable till he has informed the Certifying Authority that the private key has been compromised. _______________________ 1.Words "to a person not authorized to affix the digital signature of the subscriber" omitted by S.O. 1015 (E), dated 19th September, 2002 (w.e.f. 19-9-2002).
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Chapter VIII
Title: Duties of Subscribers
State: Central
Year: 2000
.....the subscriber shall perform such duties as may be prescribed.] ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008. Section 41 - Acceptance of Digital Signature Certificate (1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate-- (a) to one or more persons; (b) in a repository; or otherwise demonstrates his approval of the Digital Signature Certificate in any manner. (2) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that-- (a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same; (b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true; (c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true. Section 42 - Control of private key .....
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 2
Title: Definitions
State: Central
Year: 2000
In this Act, unless there is anything repugnant in the subject or context, - (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "Controller" means the Controller-General of Patents, Designs and Trade Marks referred to in section 3; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 66E
Title: Punishment for Violation of Privacy.
State: Central
Year: 2000
.....violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation.- For the purposes of this section- (a) "transmit" means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) "capture", with respect to an image, means to videotape, photograph, film or record by any means; (c) "private area" means the naked or undergarment clad genitals, public area, buttocks or female breast: (d) "publishes" means reproduction in the printed or electronic form and making it available for public; (e) "under circumstances violating privacy" means circumstances in which a person can have a reasonable expectation that- (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. ______________________ 1. Inserted vide Information Technology (Amendment) Act, 2008.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 36
Title: Representations Upon Issuance of Digital Signature Certificate
State: Central
Year: 2000
A Certifying Authority while issuing a Digital Signature Certificate shall certify that-- (a) it has complied with the provisions of this Act and the rules and regulations made thereunder; (b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it: (c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate; 1[(ca) the subscriber holds a private key which is capable of creating a digital signature; (cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber;] (d) the subscriber's public key and private key constitute a functioning key pair; (e) the information contained in the Digital Signature Certificate is accurate; and (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d). ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Chapter VII
Title: Electronic Signature Certificates
State: Central
Year: 2000
.....key pair; (e) the information contained in the Digital Signature Certificate is accurate; and (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d). ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008. Section 37 - Suspension of Digital Signature Certificate (1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,-- (a) on receipt of a request to that effect from-- (i) the subscriber listed in the Digital Signature Certificate; or (ii) any person duly authorised to act on behalf of that subscriber; (b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest. (2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. (3) On suspension of a Digital Signature Certificate under this.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Complete Act
State: Central
Year: 2000
.....record is retained intact or has been altered since such electronic record was so affixed with the digital signature. (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. SECTION 03: AUTHENTICATION OF ELECTRONIC RECORDS (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).....
List Judgments citing this sectionDesigns Act, 2000 Chapter 1
Title: Preliminary
State: Central
Year: 2000
..... Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context, - (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "Controller" means the Controller-General of Patents, Designs and Trade Marks referred to in section 3; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 2
Title: Definitions
State: Central
Year: 2000
.....from unauthorised access, use, disclosure, disruption, modification or destruction".] (o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer; (p) "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3; (q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35; (r) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device; (s) "Electronic Gazette" means the Official Gazette published in the electronic form; (t) "electronic record" means data, record or.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Amending Act 1
Title: Information Technology (Amendment) Act, 2008
State: Central
Year: 2000
.....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:-- PART I Preliminary 1. Short title and commencement (1) This Act may be called the Information Technology (Amendment) Act, 2008. (2) It shall come into force on 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. PART II Amendments to the Information Technology Act, 2000 2. Substitution of words "digital signature" by words "electronic signature". In the Information Technology Act, 2000 (hereinafter in this Part referred to as the 21 of 2000. principal Act), for the words "digital signature" occurring in the Chapter, section, subsection and clause referred to in the Table below, the words "electronic signature" shall be substituted. .....
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