This document discusses key aspects of electronic governance and digital signatures in India according to the Information Technology Act 2000. It outlines sections of the act that provide legal recognition and validity to electronic records, digital signatures, and electronic transactions with the government. It also discusses sections related to the delivery of e-services, retention of electronic records, publication in an electronic gazette, and audit of electronic documents. The document concludes by discussing some legal issues in e-commerce such as online identity theft, phishing, copyright, and domain name disputes.
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
Information Technology Act 2000: Introduction to Cyber Law in India, Importance of Cyber Law, E-Commerce, Paperless Society, Digital Signatures, Cybercrimes, Salient features of IT Act 2000, Recent amendments of IT Act 2008.
Right to Information Act 2005: Objectives of the RTI Act, Scope, Suo motu disclosure, Method of seeking information, Who is eligible to get information, Authorities, RTE 2008 and its features.
The cable television networks regulation) act, 1995Leo Lukose
The Cable Television Networks (Regulation) Act, 1995 regulates the operation of cable television networks in India. Some key points:
1) It requires all cable operators to register with a registering authority and comply with prescribed program and advertisement codes.
2) Registered cable operators must maintain program registers and transmit at least two Doordarshan channels.
3) Equipment not conforming to standards can be seized, and operators risk confiscation and penalties for non-compliance.
4) The act aims to prevent objectionable content while balancing other media laws, and gives powers to prohibit transmission against public interest.
What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover? [#24]Kamal Thakur
This document outlines penalties under Indian law for various cybercrimes and offenses related to unauthorized access and damage to computers and networks. It discusses 5 major points: 1) Penalties for damaging computers or introducing viruses without permission, up to 1 crore rupees. 2) Penalties for failing to provide information to authorities, up to 1.5 lakh rupees. 3) A general residual penalty up to 25,000 rupees for violating rules. 4) The process for adjudicating violations and imposing penalties or compensation. 5) Factors adjudicating officers must consider like any unfair gains or losses caused.
This document outlines the Maharashtra Right to Public Services Act of 2015. Some key points:
- It establishes time limits for various government services that must be provided to eligible persons. Services and their time limits from different departments are listed.
- It creates a system of designated officers responsible for providing each service, as well as first and second appellate authorities to hear appeals if services are denied or delayed.
- Penalties can be imposed on designated officers or appellate authorities if they are found to have denied services without cause or failed to decide appeals in a timely manner. Repeated failures can also result in disciplinary action against designated officers.
- The act aims to encourage use of information technology to deliver services online and
The petitioner union filed a writ petition seeking directions to the Inspector of Factories to take action against a factory for removing the optional lock system from its computerized attendance system. The factory had implemented the system in 2003 with permission. The court dismissed the petition. It noted that the union had previously agreed to the computerized attendance system. Under the Information Technology Act and factory rules, electronic records and exemption from certain rules are allowed. The workers could complain about any violations. [/SUMMARY]
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
Information Technology Act 2000: Introduction to Cyber Law in India, Importance of Cyber Law, E-Commerce, Paperless Society, Digital Signatures, Cybercrimes, Salient features of IT Act 2000, Recent amendments of IT Act 2008.
Right to Information Act 2005: Objectives of the RTI Act, Scope, Suo motu disclosure, Method of seeking information, Who is eligible to get information, Authorities, RTE 2008 and its features.
The cable television networks regulation) act, 1995Leo Lukose
The Cable Television Networks (Regulation) Act, 1995 regulates the operation of cable television networks in India. Some key points:
1) It requires all cable operators to register with a registering authority and comply with prescribed program and advertisement codes.
2) Registered cable operators must maintain program registers and transmit at least two Doordarshan channels.
3) Equipment not conforming to standards can be seized, and operators risk confiscation and penalties for non-compliance.
4) The act aims to prevent objectionable content while balancing other media laws, and gives powers to prohibit transmission against public interest.
What does chapter 9 of IT Act, 2000, "Penalties & Adjudication" cover? [#24]Kamal Thakur
This document outlines penalties under Indian law for various cybercrimes and offenses related to unauthorized access and damage to computers and networks. It discusses 5 major points: 1) Penalties for damaging computers or introducing viruses without permission, up to 1 crore rupees. 2) Penalties for failing to provide information to authorities, up to 1.5 lakh rupees. 3) A general residual penalty up to 25,000 rupees for violating rules. 4) The process for adjudicating violations and imposing penalties or compensation. 5) Factors adjudicating officers must consider like any unfair gains or losses caused.
This document outlines the Maharashtra Right to Public Services Act of 2015. Some key points:
- It establishes time limits for various government services that must be provided to eligible persons. Services and their time limits from different departments are listed.
- It creates a system of designated officers responsible for providing each service, as well as first and second appellate authorities to hear appeals if services are denied or delayed.
- Penalties can be imposed on designated officers or appellate authorities if they are found to have denied services without cause or failed to decide appeals in a timely manner. Repeated failures can also result in disciplinary action against designated officers.
- The act aims to encourage use of information technology to deliver services online and
The petitioner union filed a writ petition seeking directions to the Inspector of Factories to take action against a factory for removing the optional lock system from its computerized attendance system. The factory had implemented the system in 2003 with permission. The court dismissed the petition. It noted that the union had previously agreed to the computerized attendance system. Under the Information Technology Act and factory rules, electronic records and exemption from certain rules are allowed. The workers could complain about any violations. [/SUMMARY]
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The Right to Information Act 2005 provides Indian citizens the right to access information from public authorities. It replaced the Freedom of Information Act 2002, which was criticized for permitting too many exemptions. The Act applies to all states except Jammu and Kashmir and covers constitutional authorities, bodies established by acts of parliament/state legislatures, and non-government organizations substantially funded by the government. Citizens can file information requests to Public Information Officers, who must respond within 30 days. Some information is exempt from disclosure including information that would harm national security or endanger lives.
Cyber law - Legal Environment of Business - Business Law - Commercial Law - M...manumelwin
In discharge of its international responsibility, the Government of India enacted a Law in 2000 known as Information Technology Act 2000. The Act extends to the whole of India and it applies also to any offence or contravention thereon committed outside India by any person.
In this presentation you will learn "The 4 General Principles of ESIGN" and the difference between UETA and Electronic Signatures in Global and National Commerce Act (ESIGN)
The Right to Information Act 2005 establishes the right to information for citizens of India to promote transparency and accountability in government bodies. It requires public authorities to publish information about their structure, functions, duties, and more. Citizens can request information from public authorities, who must respond within 30 days. Exceptions are made for information that could harm national security or commercial interests, or is confidential.
RTI is a powerful tool in the hands of right citizens and any Indian citizen can exercise his RIGHT to demand accountability and transparency in public offices. Here is the compilation of few case studies that can be used for training, awareness and education. Please contact the author for more case studies for FREE OF COST guidance.
History
Introduction
Introduce and finalized by Atal bhirai Bajpai
Parts of the Act
Amendments to I.T. ACT 2000
Offences of I.T ACT 2000
What works
What doesn’t work
Section of I.T. ACT 2000
The advantage of I.T. ACT 2000
The disadvantage of I.T ACT 2000
Conclusion
The document provides an overview of the Right to Information Act 2005 in India, which was enacted to promote transparency and accountability in government organizations. It describes the objectives of the act, eligibility to make information requests, procedures for requesting information, fees and appeal processes, and definitions of key terms. The act aims to provide citizens access to information held by public authorities in order to empower transparency.
The Information Technology Act, 2000 is an Act of the Indian Parliament that aims to provide legal recognition for electronic transactions and facilitate e-governance. It recognizes electronic documents and digital signatures. The Act was amended in 2008 to include additional cybercrime offenses and strengthen data protection. The amended Act aims to address issues like legal recognition of electronic documents, digital signatures, cybercrime offenses, and information security. It was passed in December 2008 and notified in October 2009.
The document summarizes key sections of the Information Technology Act, 2000 related to cyber security in India. It discusses sections establishing protected computer systems, designating agencies responsible for critical infrastructure protection and incident response, penalties for various cyber crimes, and intermediary liability exemptions. The sections establish national agencies to coordinate cyber security, empower agencies to investigate offenses, and outline penalties including imprisonment and fines for offenses like unauthorized access, privacy breaches, and publishing false digital signatures.
Right to information and consumer protection actSonia Verma
The document provides information on the Right to Information Act in India. It defines information and the rights of citizens to access information from public authorities. It outlines that citizens have the right to inspect documents, take notes and certified copies. It also discusses that the Act gives rights to citizens of India and provides some exceptions for NRIs and PIOs. The document outlines the process and requirements for filing RTI applications, including fees, timeframes and formats. It also discusses recent developments, anonymous applications and the ability to approach consumer forums for deficiencies in information provided under RTI.
The Information Technology Act, 2000 provides the legal framework for electronic governance in India. Some key points covered in the act include:
- Legal recognition of electronic records and digital signatures.
- Regulation of certifying authorities that issue digital signature certificates.
- Establishment of the Cyber Appellate Tribunal to hear appeals related to the act.
- Offences and penalties related to cyber crimes like hacking and publishing obscene content.
- Procedures for adjudicating violations and determining appropriate penalties.
The document discusses cyber law in India, including the Information Technology Act 2000 and its 2008 amendment. It provides an overview of cyber law and defines it as laws related to internet and technology. It then summarizes key aspects of the IT Act 2000 such as recognizing electronic records and digital signatures. It outlines various cyber crimes and penalties covered in the act. It also summarizes the objectives and features of the act. Finally, it discusses the IT Amendment Act 2008 and changes it introduced like replacing digital signature with electronic signature and introducing laws around data privacy and intermediary liability.
This document provides an overview of cyber security and the amendments made to the Indian IT Act. It discusses the reasons for amending the act, which included adding new cyber crimes and increasing data protection. The objectives of the amendments were to facilitate electronic transactions, storage, and filing. Key definitions related to digital signatures, electronic signatures, and cyber security are also outlined. The various sections of the amended act that regulate certifying authorities, electronic signature certificates, subscriber duties, and penalties are also listed.
Information technology ACT - 2000 (Legal Aspect of Business)Parth Patel
The document summarizes key aspects of the Information Technology Act, 2000 in India. It discusses that the Act aims to facilitate e-commerce and electronic transactions by attributing legal status to electronic records and digital signatures. It establishes provisions around cybercrimes and penalties. The Act also deals with topics like digital signatures, roles of controlling authorities, certification authorities, and establishes a Cyber Appellate Tribunal to hear appeals related to the Act.
This document outlines sections of the Information Technology Act, 2000 of India related to cyber crimes and corresponding penalties. Key sections discussed include:
Section 43 - Damage to computer systems, compensation up to 1 crore rupees.
Section 43A - Body corporate failure to protect data, compensation up to 5 crore rupees.
Section 66 - Computer related offenses like hacking, data alteration, imprisonment up to 3 years and fine up to 5 lakh rupees.
Information Technology act 2000 & Threats to India using GoogleHemraj Singh Chouhan
This presentation is delivered at Income tax department on Information & Technology Act 2000 in India + Online threats to India by various terrorist organisations + Bitcoins + Ransom-ware + How dangerous it could be if we use smart phone and provide our data to Google.
Appreciation of Digital Evidence in Sri Lankan LawTalwant Singh
The document discusses the appreciation and admissibility of digital evidence under Sri Lankan law. It notes that prior to 1995, there were no provisions for admitting computer evidence. The Evidence (Special Provisions) Act of 1995 was introduced to efficiently and legally manage computer-based evidence in civil and criminal court proceedings. The act defines computers broadly and allows computer-generated evidence to be admitted if it meets certain conditions regarding the computer's operation and the accuracy of information supplied. Several other acts also address digital evidence admission. Digital evidence poses challenges regarding discovery due to its volume, persistence, and multiple storage locations.
This document summarizes key aspects of India's Information Technology Act, including:
1) It defines digital signatures and electronic signatures, and outlines requirements for their use in authentication.
2) It establishes rules for electronic governance, electronic records, controllers who regulate certifying authorities, and adjudication of related offenses and compensation.
3) The case study discusses how information was retrieved from laptops of terrorists involved in a Parliament attack case, which revealed their motives and allowed for punishment under the law.
This presentation provides an overview of e-governance efforts in India. It defines e-governance as using information and communication technologies to deliver government services, exchange information, and integrate systems between government, citizens, and businesses. The presentation notes that e-governance aims to provide convenient, efficient, and transparent access to government services. It also discusses key provisions of the Information Technology Act, 2000 regarding legal recognition of electronic records and digital signatures, use of electronic records and digital signatures by the government, retention of electronic records, and rules for digital signatures.
The document discusses India's Information Technology Act and digital signatures. It provides information on cryptography, digital signatures, and the roles of the Controller of Certifying Authorities, Certifying Authorities, and subscribers. It also summarizes key sections of the Act related to the legal recognition of electronic records and digital signatures, the use of electronic records and digital signatures by the government, requirements for certifying authorities to obtain licenses to issue digital signature certificates, and the regulation of certifying authorities.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The Right to Information Act 2005 provides Indian citizens the right to access information from public authorities. It replaced the Freedom of Information Act 2002, which was criticized for permitting too many exemptions. The Act applies to all states except Jammu and Kashmir and covers constitutional authorities, bodies established by acts of parliament/state legislatures, and non-government organizations substantially funded by the government. Citizens can file information requests to Public Information Officers, who must respond within 30 days. Some information is exempt from disclosure including information that would harm national security or endanger lives.
Cyber law - Legal Environment of Business - Business Law - Commercial Law - M...manumelwin
In discharge of its international responsibility, the Government of India enacted a Law in 2000 known as Information Technology Act 2000. The Act extends to the whole of India and it applies also to any offence or contravention thereon committed outside India by any person.
In this presentation you will learn "The 4 General Principles of ESIGN" and the difference between UETA and Electronic Signatures in Global and National Commerce Act (ESIGN)
The Right to Information Act 2005 establishes the right to information for citizens of India to promote transparency and accountability in government bodies. It requires public authorities to publish information about their structure, functions, duties, and more. Citizens can request information from public authorities, who must respond within 30 days. Exceptions are made for information that could harm national security or commercial interests, or is confidential.
RTI is a powerful tool in the hands of right citizens and any Indian citizen can exercise his RIGHT to demand accountability and transparency in public offices. Here is the compilation of few case studies that can be used for training, awareness and education. Please contact the author for more case studies for FREE OF COST guidance.
History
Introduction
Introduce and finalized by Atal bhirai Bajpai
Parts of the Act
Amendments to I.T. ACT 2000
Offences of I.T ACT 2000
What works
What doesn’t work
Section of I.T. ACT 2000
The advantage of I.T. ACT 2000
The disadvantage of I.T ACT 2000
Conclusion
The document provides an overview of the Right to Information Act 2005 in India, which was enacted to promote transparency and accountability in government organizations. It describes the objectives of the act, eligibility to make information requests, procedures for requesting information, fees and appeal processes, and definitions of key terms. The act aims to provide citizens access to information held by public authorities in order to empower transparency.
The Information Technology Act, 2000 is an Act of the Indian Parliament that aims to provide legal recognition for electronic transactions and facilitate e-governance. It recognizes electronic documents and digital signatures. The Act was amended in 2008 to include additional cybercrime offenses and strengthen data protection. The amended Act aims to address issues like legal recognition of electronic documents, digital signatures, cybercrime offenses, and information security. It was passed in December 2008 and notified in October 2009.
The document summarizes key sections of the Information Technology Act, 2000 related to cyber security in India. It discusses sections establishing protected computer systems, designating agencies responsible for critical infrastructure protection and incident response, penalties for various cyber crimes, and intermediary liability exemptions. The sections establish national agencies to coordinate cyber security, empower agencies to investigate offenses, and outline penalties including imprisonment and fines for offenses like unauthorized access, privacy breaches, and publishing false digital signatures.
Right to information and consumer protection actSonia Verma
The document provides information on the Right to Information Act in India. It defines information and the rights of citizens to access information from public authorities. It outlines that citizens have the right to inspect documents, take notes and certified copies. It also discusses that the Act gives rights to citizens of India and provides some exceptions for NRIs and PIOs. The document outlines the process and requirements for filing RTI applications, including fees, timeframes and formats. It also discusses recent developments, anonymous applications and the ability to approach consumer forums for deficiencies in information provided under RTI.
The Information Technology Act, 2000 provides the legal framework for electronic governance in India. Some key points covered in the act include:
- Legal recognition of electronic records and digital signatures.
- Regulation of certifying authorities that issue digital signature certificates.
- Establishment of the Cyber Appellate Tribunal to hear appeals related to the act.
- Offences and penalties related to cyber crimes like hacking and publishing obscene content.
- Procedures for adjudicating violations and determining appropriate penalties.
The document discusses cyber law in India, including the Information Technology Act 2000 and its 2008 amendment. It provides an overview of cyber law and defines it as laws related to internet and technology. It then summarizes key aspects of the IT Act 2000 such as recognizing electronic records and digital signatures. It outlines various cyber crimes and penalties covered in the act. It also summarizes the objectives and features of the act. Finally, it discusses the IT Amendment Act 2008 and changes it introduced like replacing digital signature with electronic signature and introducing laws around data privacy and intermediary liability.
This document provides an overview of cyber security and the amendments made to the Indian IT Act. It discusses the reasons for amending the act, which included adding new cyber crimes and increasing data protection. The objectives of the amendments were to facilitate electronic transactions, storage, and filing. Key definitions related to digital signatures, electronic signatures, and cyber security are also outlined. The various sections of the amended act that regulate certifying authorities, electronic signature certificates, subscriber duties, and penalties are also listed.
Information technology ACT - 2000 (Legal Aspect of Business)Parth Patel
The document summarizes key aspects of the Information Technology Act, 2000 in India. It discusses that the Act aims to facilitate e-commerce and electronic transactions by attributing legal status to electronic records and digital signatures. It establishes provisions around cybercrimes and penalties. The Act also deals with topics like digital signatures, roles of controlling authorities, certification authorities, and establishes a Cyber Appellate Tribunal to hear appeals related to the Act.
This document outlines sections of the Information Technology Act, 2000 of India related to cyber crimes and corresponding penalties. Key sections discussed include:
Section 43 - Damage to computer systems, compensation up to 1 crore rupees.
Section 43A - Body corporate failure to protect data, compensation up to 5 crore rupees.
Section 66 - Computer related offenses like hacking, data alteration, imprisonment up to 3 years and fine up to 5 lakh rupees.
Information Technology act 2000 & Threats to India using GoogleHemraj Singh Chouhan
This presentation is delivered at Income tax department on Information & Technology Act 2000 in India + Online threats to India by various terrorist organisations + Bitcoins + Ransom-ware + How dangerous it could be if we use smart phone and provide our data to Google.
Appreciation of Digital Evidence in Sri Lankan LawTalwant Singh
The document discusses the appreciation and admissibility of digital evidence under Sri Lankan law. It notes that prior to 1995, there were no provisions for admitting computer evidence. The Evidence (Special Provisions) Act of 1995 was introduced to efficiently and legally manage computer-based evidence in civil and criminal court proceedings. The act defines computers broadly and allows computer-generated evidence to be admitted if it meets certain conditions regarding the computer's operation and the accuracy of information supplied. Several other acts also address digital evidence admission. Digital evidence poses challenges regarding discovery due to its volume, persistence, and multiple storage locations.
This document summarizes key aspects of India's Information Technology Act, including:
1) It defines digital signatures and electronic signatures, and outlines requirements for their use in authentication.
2) It establishes rules for electronic governance, electronic records, controllers who regulate certifying authorities, and adjudication of related offenses and compensation.
3) The case study discusses how information was retrieved from laptops of terrorists involved in a Parliament attack case, which revealed their motives and allowed for punishment under the law.
This presentation provides an overview of e-governance efforts in India. It defines e-governance as using information and communication technologies to deliver government services, exchange information, and integrate systems between government, citizens, and businesses. The presentation notes that e-governance aims to provide convenient, efficient, and transparent access to government services. It also discusses key provisions of the Information Technology Act, 2000 regarding legal recognition of electronic records and digital signatures, use of electronic records and digital signatures by the government, retention of electronic records, and rules for digital signatures.
The document discusses India's Information Technology Act and digital signatures. It provides information on cryptography, digital signatures, and the roles of the Controller of Certifying Authorities, Certifying Authorities, and subscribers. It also summarizes key sections of the Act related to the legal recognition of electronic records and digital signatures, the use of electronic records and digital signatures by the government, requirements for certifying authorities to obtain licenses to issue digital signature certificates, and the regulation of certifying authorities.
The document summarizes cyber crime laws in Pakistan. It outlines several key laws related to cyber crimes, electronic transactions, telecommunications, and electronic fund transfers. The primary law is the Prevention of Electronic Crimes Ordinance of 2007, which defines various cyber crimes and corresponding penalties. The laws aim to address online criminal activities and regulate electronic transactions, telecommunications systems, and payment systems in Pakistan.
This document outlines rules related to registration offices and fees according to the Companies Act of 2013 in India. Some key points:
- It establishes registration offices to oversee company registration and exercises powers according to the Companies Act.
- The Registrar's office will be open Monday-Friday from 10:30am-3:30pm for public transactions. Other offices will have hours approved by the government.
- All company filings and communications must be electronic through a government portal in PDF or other specified format, though some documents still require physical copies.
- Companies must retain original documents like incorporation records for 8 years and provide them upon request to authorities.
Certificate to akshaya order go(p)24/2010/ITD dated 04.7.2010shanavas chithara
The Kerala Information Technology (Electronic Delivery of Services) Rules, 2010 establishes a framework for electronically delivering government services to citizens of Kerala. It specifies 24 types of certificates that can be applied for and obtained electronically through authorized agents. It also outlines procedures for service providers to collect service charges, remit fees to the government, and conduct audits to ensure accurate and secure delivery of e-services.
g.o(p) no.24/2010/ITD dated 04.08.2010 certificate to akshaya centres shanavas chithara
The Kerala Information Technology (Electronic Delivery of Services) Rules, 2010 establishes a framework for the electronic delivery of government services in Kerala. It specifies 24 types of certificates that can be applied for and obtained electronically from village or taluk offices. It also outlines procedures for service providers to collect service charges for applications and remit shares to the government. The rules aim to facilitate electronic access to public services for citizens of Kerala.
The Kerala Information Technology (Electronic Delivery of Services) Rules, 2010 establishes a framework for electronically delivering government services to citizens of Kerala. It defines 24 certificate and document services that can be applied for and received electronically. It outlines the roles and responsibilities of service providers, village offices, and other entities involved in processing applications and issuing certificates. It also establishes standards for collecting service fees, sharing revenues, and auditing the electronic service delivery system.
The document provides an overview of the Information Technology Act 2000 in India. Some key points:
- The Act was enacted in 2000 to provide legal recognition to electronic records and digital signatures. It is based on the UNCITRAL Model Law on E-Commerce.
- The objectives are to facilitate electronic governance and commerce. It defines electronic records, digital signatures, secure systems, etc. and recognizes their legal validity.
- It applies to the whole of India and any offenses committed outside India involving computers in India. Various cybercrimes are punishable under the Act.
- It establishes provisions for public key infrastructure, digital signature certificates, duties of subscribers, and regulates certifying authorities to facilitate
INFORMATION TECHNOLOGY ACT 2000 and its provisions.pptxakshitarathi77
The document provides an overview of the Information Technology Act, 2000 of India. Some key points:
- The Act aims to provide legal recognition to electronic records and transactions carried out online. It defines electronic records and digital signatures.
- It establishes a Controller of Certifying Authorities to regulate and license Certifying Authorities to issue digital signature certificates.
- The Act recognizes electronic governance and gives legal validity to electronic records and digital signatures. It aims to facilitate electronic filing of documents.
- It defines offences related to cybercrime and provides penalties and adjudication process for contravention of the Act's provisions. Adjudicating officers are empowered to determine compensation in cases of loss or unfair advantage resulting
This document is the Republic Act No. 8792, also known as the Electronic Commerce Act of 2000, which provides legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. Some key points:
- It aims to facilitate domestic and international dealings through electronic means and recognizes the authenticity and reliability of electronic documents.
- It defines terms related to electronic transactions and documents, such as electronic signature and electronic data message.
- It provides for the legal recognition and equivalence of electronic writings, documents, and signatures to their paper-based counterparts if certain reliability conditions are met.
- It establishes rules for attributing electronic messages and signatures to originators, and addresses formation of electronic
In the light of the rapid technological developments in our world , it has become necessary for states to keep pace with the technological revolution in order for them to become modern and advanced countries, or, at least , to be on the road to become so, by investing in modern technologies of communication of information, and through the development and investment in favor of public services.
There is no doubt that the tremendous revolution that took place in the world of communications has led to a change in the means and methods of business transactions and expressions of the will for what is called now “Electronic Data Interchange”. In lieu of paper documents seeking the legislation of modern developments and keeping up with the technological developments of the countries, Jordanian legislators took the lead among their Arab counterparts and issued the Interim Electronic Transactions Act No. 85 for the year 2011 on 11/12/2001. This legislation comprised of the first Jordanian law in the field of information technology , which was the second Arab law in the field of e-commerce after the Tunisian law making room for other Arab countries, out of which was Dubai which enacted the Act on electronic exchanges and Bahrain which passed the Bahraini law of e-commerce.
The Jordanian legislature came up with this law to put a legal framework that conforms with the international legislative framework in order to regulate the electronic transactions and to recognize all means of electronic data and electronic signatures in terms of their validity or invalidity. Moreover, the objective was the establishment of legal obligations on one side and the recognition electronic records on the other side.
The Electronic Transactions Act allowed the establishment of authorities of authentication and electronic signatures for giving evidence in a given argument.
This document proposes amendments to Nevada's public records law. Key points include:
- Requiring governmental entities to provide public records in electronic format if feasible.
- Establishing civil penalties from $500 to $2,500 for failing to comply with public records requests.
- Requiring entities to provide contact information for the person responsible for public records decisions.
- Shifting the burden to public agencies to prove a records request is vexatious or frivolous if seeking relief.
Second Amandement to the Law No. 11/2008: Streghtening Legal Protection and C...AHRP Law Firm
In 2022, based on the data of the Central Bureau of Statistics, 66.48% of the Indonesian citizens have accessed internet. This number have increased by 4.38% from the number in 2021. Such rise of the internet utilization shows that electronic data and information has became the basic need in Indonesia.
At the same time, technology has been developing progressively worldwide. Transboundary transactions are inevitable. Moreover, data and information being accessible to any person regardless of his age. Therefore, the Government of Indonesia issued the Second Amendment of Law No. 11 of 2008 on Electronic Information and Transaction on January 2nd 2024 which one of the objectives is to provide clearer regulatory framework on the distribution of electronic data and information. Find out more our insights about this topic in our Legal Brief Publication.
The document summarizes key aspects of the Information Technology Act 2000 and its subsequent amendment in 2008 in India. It outlines how the original Act aimed to facilitate electronic governance and commerce by providing legal validity to electronic records and transactions. It describes several chapters that address issues like digital signatures, cybercrimes, and roles of certifying authorities. The 2008 amendment introduced aspects of data protection and information preservation that intermediaries must comply with. It highlights the importance of IT risk management and compliance for organizations in light of increasingly stringent regulations.
The Information Technology Act 2000 provides a legal framework for electronic commerce and digital signatures. It aims to facilitate electronic governance and amend various laws to apply in the digital context. The Act defines cyber crimes and sets penalties for offenses involving unauthorized computer access, cyber attacks, and tampering with digital records. It establishes authorities for issuing digital certificates and adjudicating cyber disputes, while limiting the jurisdiction of regular courts on technology-related matters.
This executive order from the President of the Philippines establishes policies on public disclosure and transparency in the executive branch of the government. It recognizes the constitutional right of citizens to access information on public matters. The order requires all government agencies to disclose documents and records, with exceptions for matters of national security, privacy, and those barred from disclosure by law. It also outlines procedures for citizens to request information and for agencies to respond within 15 days.
Information technology act (SANDEEP HARISH B).pptxsandeepharish2
In this power point I clearly explain about the information technology act, uses of information technology, what is digital signature and how the information technology act going to punish the cybercriminals? And the different kinds of punishment also explain under the power point. And I hope it will every helpful to you people to learn about information technology.
The document discusses provisions around business registration in India. It outlines that the Central Government will establish registration offices and appoint registrars and other officers to handle registration. It specifies that terms of service and salaries for appointed officers will be prescribed. It also discusses provisions for electronic filing, inspection of documents, and fees for registration-related services. The Central Government is tasked with laying reports on government company registrations before Parliament.
The document discusses e-signing of contracts under Indian law. It provides details on the procedure for e-signing using Aadhaar authentication, the legal position which recognizes e-signatures as valid, and relevant provisions from the Information Technology Act that enable e-signatures and establish their validity. E-signed contracts are admissible in court under provisions added to the Indian Evidence Act that give evidentiary value to electronic records and place the onus on proving an electronic signature is incorrect on the challenging party.
Cyber Law and Information Technology Act 2000 with case studiesSneha J Chouhan
This presentation breifs about the Information Technology Act and Cyber Law in India 2000. The various acts involved in it, case studies and some recent amendments are also mentioned.
P.S: Refer the slides for educational purpose only.
This document discusses the key concepts of tort law. It begins by defining a tort as a civil wrong under law that is not exclusively a breach of contract. It notes torts originate from breaches of duties imposed by law and are redressable by unliquidated damages claims. The document outlines different categories of torts impacting persons, families, reputation, property and economic rights. It examines important tort law principles like duty of care, function of torts to shift loss, and defenses like act of God. Overall, the document provides a high-level overview of the origins and principles of the law of torts.
The document discusses key definitions and provisions related to environmental law and pollution control in India. It summarizes definitions from the Environment (Protection) Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974 such as definitions of "environment", "environmental pollutant", and "occupier". It also discusses articles in the Indian constitution related to the environment, including Article 21's guarantee of the right to life, Article 47's directive to improve public health, Article 48A's mandate to protect the environment, and Article 51A(g)'s call to protect nature and have compassion for living creatures.
Statutory laws pertaining to cybercrimes in indiaDr. Arun Verma
The document discusses statutory laws pertaining to cybercrimes in India. It begins by providing background on the growth of technology and the internet, and the corresponding rise of cybercrimes. It then discusses India's Information Technology Act of 2000, which was enacted to comprehensively deal with technology issues and cybercrime penalties. The document goes on to classify cybercrimes into three categories: when the computer is the target, when it facilitates crimes, and when it is incidental. It provides numerous examples and subcategories of cybercrimes against persons and property. In summary, the document outlines the development of cyberlaws in India and provides an in-depth analysis of the different types of cybercrimes.
The document summarizes the objectives and key provisions of the Information Technology Act 2000 in India. The objectives are to provide a legal framework for electronic communications, facilitate e-commerce and e-governance, and amend related laws. The act provides legal recognition for electronic records and digital signatures. It aims to promote secure electronic communication and access/retrieval of electronic records. Contracts can now be submitted and published electronically.
The document discusses jurisdiction in cyberspace. It defines jurisdiction and international law principles related to jurisdiction. It discusses issues like prescriptive jurisdiction, enforcement jurisdiction, and personal jurisdiction in cyberspace. Personal jurisdiction online is complex due to factors like online contracts, forum selection clauses, and location of web servers. Courts examine minimum contacts and due process to determine if they can exercise jurisdiction over foreign online entities. International conventions also guide jurisdiction over cybercrimes.
Historical genesis and evolution of cyber crimes newDr. Arun Verma
Cyber crimes have evolved significantly since the first recorded cyber crime in 1820. Early cyber crimes were typically committed by individuals and involved sabotage of new technologies or stealing long distance phone services. As computers and the internet became more advanced and widely used through the late 20th century, cyber crimes grew to include hacking, computer viruses, identity theft, and financial crimes. Law enforcement struggled to keep up with the evolving nature of cyber crimes until new laws and agencies were established to address these new threats. Cyber crimes now encompass a wide range of illegal online activities targeting individuals, businesses, and governments.
Cyber crime lecture one definition and natureDr. Arun Verma
This document discusses the meaning, definitions, and nature of cyber crimes. It begins by defining cyber crimes as any crimes involving computers and networks, where the computer may be used to commit the crime or be the target. Two common definitions of cyber crime are provided - one defining it as a crime using computer technology as a tool or where the computer is the object, and the other referring to it as computer crime. Indian law defines several cyber crimes like intentionally altering computer source code, hacking by unauthorized computer access, and transmitting obscene materials. Examples of common cyber crimes like identity theft, fraud, hacking, piracy, and storing illegal information are also outlined. The challenges of investigating and preventing cyber crimes through technology, investigation, and legal
The Ministry of Corporate Affairs is responsible for regulating corporate entities in India and administering key acts like the Companies Act. To incorporate an Indian company, one can file the SPICe form to simultaneously reserve a name, appoint directors, and register the company. For some company types or if there are more than seven subscribers, Form INC-7 must be filed along with additional documents. Foreign companies can establish a place of business in India by filing Form FC-1 to register with the MCA. Investors use various business structures tailored to their needs to efficiently manage operations and adapt to tax changes.
Time place and manner of performance [46–50]Dr. Arun Verma
1. The document discusses various rules related to the performance of contracts under Indian contract law.
2. It addresses scenarios where no time is specified for performance, when time is specified but not hours, and cases where performance depends on application by the promisee.
3. The document also covers rules for reciprocal promises, order of performance, assignment of contracts, appropriation of payments among multiple debts owed to the same creditor, and other related topics.
This document provides an overview of production sharing contracts (PSCs) between oil and gas companies and host countries. It explains that under a PSC, the contractor bears all exploration and development costs and risks in exchange for a share of production. Key points include: PSCs aim to balance host country and contractor returns; contractors operate exclusively but at their sole risk and expense; production is owned by the host country; costs are recovered from early production before a pre-determined split of profits between parties. PSCs are commonly used in countries like India, China, Russia and across Africa and the Middle East.
This document summarizes key aspects of performance of contracts under Indian contract law. It discusses actual performance versus tender of performance, conditions for a valid tender, effects of a valid/invalid tender, who can demand performance, who can perform a contract, liability of joint promisors, release of one joint promisor, and devolution of joint rights. Performance includes fulfilling contractual obligations, while tender involves offering to perform one's obligations. A valid tender must meet several requirements to discharge the promisor's liability.
Contract law lecture 6 - object forbidden by lawDr. Arun Verma
This document discusses the law of contracts as it relates to objects that are forbidden by law. It states that any agreement whose object or consideration is unlawful is void under Section 23 of the law. Examples of unlawful objects include selling liquor without a license, entering into a second marriage while already married, and agreements that defeat legal provisions or involve fraud, injury to people/property, or are deemed immoral by the courts. If an object has partial lawful and unlawful considerations, the agreement may be void or the unlawful parts severed. Lawful promises can still be enforced if separable from unlawful ones. The test of severability is whether the illegal parts can be separated from the legal parts.
The document discusses the legal rules regarding acceptance of an offer to form a contract.
1. Acceptance must be absolute and unqualified, communicated to the offeror, and made within any time limit specified in the offer or within a reasonable time if no limit is specified.
2. Communication of acceptance is complete when put in the course of transmission to the offeror. Silence is not generally considered acceptance unless agreed by the parties or required by custom.
3. A person must have the legal capacity and not be disqualified to enter into a valid contract. Capacity depends on factors like soundness of mind, age of majority, and legal status. Agreements by minors and those of uns
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
Contract law lecture - 1 - definition and meaning(terminology)Dr. Arun Verma
The document discusses the definition and key concepts of contract law in India. It provides:
1) A definition of law and an overview of the Indian Contract Act, which establishes the general principles of contract law and special types of contracts.
2) Definitions and explanations of key contract terms like offer, acceptance, consideration, agreement, and void, voidable, and valid contracts.
3) An explanation that all contracts are agreements but not all agreements are contracts, as contracts must meet additional requirements of enforceability.
4) An overview of the essential elements a contract must have to be valid like offer, acceptance, lawful consideration, capacity of parties, free consent, lawful object, and certainty.
The document provides information on registering different types of companies under the Companies Act in India. It discusses the requirements and procedures for registering public limited companies, private limited companies, Section 8 companies, companies registered under Part IX, and producer companies.
The key steps outlined are applying for name approval, drafting the memorandum of association and articles of association, e-filing required forms like INC-7, INC-22, and DIR-12, paying registration fees, and obtaining the certificate of incorporation. Specific requirements for different company types like minimum number of members, minimum capital, and approvals needed from authorities are also explained.
The document provides information on prospectuses under Pakistani law. It defines a prospectus as a document that invites the public to subscribe to shares or debentures in a company. It must include key details about the company's business, management, financials, and the offering. The summary also outlines the requirements for prospectus content, types of prospectuses including shelf and red herring prospectuses, parties responsible if misstatements are made, and liabilities that can arise from an inaccurate or misleading prospectus.
Promoters play an important role in bringing about the incorporation and organization of a company. Promoters are not agents or trustees of the proposed company but do have fiduciary duties to the company and future shareholders. Pre-incorporation contracts entered into by promoters on behalf of the proposed company make the promoters personally liable since the company does not yet exist, though the company can later adopt such contracts under law. The duties and potential liabilities of promoters are outlined in the Companies Act.
Memorandum of association and articles of associationDr. Arun Verma
This document provides information on the Memorandum of Association and Articles of Association for forming a company in India. It discusses the key clauses in the Memorandum of Association, including the name, registered office, objects, liability, capital and association clauses. It also describes how these clauses can be altered. The document then explains the purpose and typical contents covered in the Articles of Association, including share-related matters, meetings, directors and borrowing powers. It concludes by comparing the Memorandum and Articles of Association.
The document discusses the doctrine of lifting the corporate veil. It begins by explaining that a company is typically treated as a separate legal entity from its members. However, in some cases the veil can be lifted, such as to prevent fraud or injustice. The doctrine aims to look past the legal facade of a company and hold individual members liable. The document then discusses the history and application of the doctrine in both English and Indian law, providing various cases as examples. It also outlines specific provisions in Indian corporate law related to lifting the veil, such as for misrepresentation in a prospectus or fraudulent conduct of business.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
4. Legal recognition of electronic records
• Section 4: Legal recognition of electronic records
• Where any law provides that information or any other
matter shall be in writing or in the typewritten or
printed form, then, notwithstanding anything contained
in such law, such requirement shall be deemed to have
been satisfied if such information or matter is
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent
reference
4
5. Section 5: Legal recognition of digital
signatures
• Where any law provides that information or any other matter shall
be authenticated by affixing the signature or any document shall
be signed or bear the signature of any person then,
notwithstanding anything contained in such law, such requirement
shall be deemed to have been satisfied, if such information or
matter is authenticated by means of digital signature affixed in
such manner as may be prescribed by the Central Government.
• Explanation.-For the purposes of this section, "signed", with its
grammatical variations and cognate expressions, shall, with
reference to a person, mean affixing of his hand written signature
or any mark on any document and the expression "signature" shall
be construed accordingly.
5
6. Section 6: Use of electronic records and digital
signatures in Government and its agencies
(1) Where any law provides for
(a) the filing of any form, application or any other document with any office, authority, body
or agency owned or controlled by the appropriate Government in a particular manner;
(b) the issue or grant of any license, permit, sanction or approval by whatever name called
in a particular manner;
(c) the receipt or payment of money in a particular manner, then, notwithstanding anything
contained in any other law for the time being in force, such requirement shall be deemed
to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be,
is effected by means of such electronic form as may be prescribed by the appropriate
Government.
(2) The appropriate Government may, for the purposes of sub-section (1), by rules,
prescribe
(a) the manner and format in which such electronic records shall be filed, created or
issued;
(b) the manner or method of payment of any fee or charges for filing, creation or issue any
electronic record under clause (a).
6
7. Section 6A: Delivery of Services by Service
Provider (Inserted vide ITAA-2008)
• (1) The appropriate Government may, for the purposes of this Chapter
and for efficient delivery of services to the public through electronic
means authorize, by order, any service provider to set up, maintain and
upgrade the computerized 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
authorized includes any individual, private agency, private company,
partnership firm, sole proprietor form or any such other body or agency
which has been granted permission by the appropriate Government to
offer services through electronic means in accordance with the policy
governing such service sector.
• (2) The appropriate Government may also authorize any service provider
authorized under subsection (1) to collect, retain and appropriate
service charges, as may be prescribed by the appropriate Government
for the purpose of providing such services, from the person availing such
service.
7
8. Continued…
• (3) Subject to the provisions of sub-section (2), the appropriate
Government may authorize the service providers to collect, retain
and appropriate service charges under this section
notwithstanding the fact that there is no express provision under
the Act, rule, regulation or notification under which the service is
provided to collect, retain and appropriate e-service charges by
the service providers.
• (4) The appropriate Government shall, by notification in the
Official Gazette, specify the scale of service charges which may
be charged and collected by the service providers under this
section:
• Provided that the appropriate Government may specify different
scale of service charges for different types of services.
8
9. Section 7: Retention of electronic records.
• (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, -
• (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 dispatch 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 dispatched
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.
Publication of rules. regulation, etc.. in Electronic Gazette.
9
10. Where in any law for the time being in force, there is a provision for audit of
documents, records or information, that provision shall also be applicable for
audit of documents, records or information processed and maintained in
electronic form (ITAA 2008, Standing Committee Recommendation)
• Section 8: Publication of rule, regulation, etc., in Electronic Gazette.
• Where any law provides that any rule, regulation, order, bye-law, notification or
any other matter shall be published in the Official Gazette, then, such
requirement shall be deemed to have been satisfied if such rule, regulation,
order, bye-law, notification or any other matter is published in the Official
Gazette or Electronic Gazette:
• Provided that where any rule, regulation, order, bye-law, notification or any
other matter is published in the Official Gazette or Electronic Gazette, the date
of publication shall be deemed to be the date of the Gazette which was first
published in any form.
10Section 7A: Audit of Documents etc. in Electronic form
11. Section 9: Sections 6,7 and 8 not to confer right to
insist document should be accepted in electronic
form.
• Nothing contained in sections 6, 7 and 8 shall confer a
right upon any person to insist that any Ministry or
Department of the Central Government or the State
Government or any authority or body established by or
under any law or controlled or funded by the Central or
State Government should accept, issue, create, retain
and preserve any document in the form of electronic
records or effect any monetary transaction in the
electronic form.
11
12. Section 10. Power to Make Rules by Central
Government in respect of Electronic Signature
(Modified Vide ITAA 2008)
The Central Government may, for the purposes of this Act, by rules,
prescribe-
(a) the type of Electronic Signature;
(b) the manner and format in which the Electronic Signature shall
be affixed;
(c) the manner or procedure which facilitates identification of the
person affixing the Electronic Signature;
(d) control processes and procedures to ensure adequate integrity,
security and confidentiality of electronic records or payments; and
(e) any other matter which is necessary to give legal effect to
Electronic Signature.
12
13. Section 10A: Validity of contracts formed through
electronic means (Inserted by ITAA 2008)
• Where in a contract formation, the communication of
proposals, the acceptance of proposals, the revocation
of proposals and acceptances, as the case may be, are
expressed in electronic form or by means of an
electronic record, such contract shall not be deemed to
be unenforceable solely on the ground that such
electronic form or means was used for that purpose.
13
14. Legal issues in e-commerce:
• Online Identity Theft: Online identity theft id the practice of
pretending to be someone else on the internet. Although it appears to
be harmless but mostly it is related to the crime of stealing someone’s
personal information for his or her own financial gain.
• Phishing: Phishing is stealing a person’s banking information and using
that to order goods or transfer money to another bank account. There is
a framework of legal regulations designed to provide protection as a
consumer in physical or traditional modes means when shopping from a
local shop.
• Copyright Issues: The emergence of new digital technologies, such as
the Internet, is having a significant impact on the copyright and related
rights and the industries such as music, film and software throughout the
world. It has become difficult to protect Intellectual property in E-
Commerce.
14
15. Continue…
Rights Management Information: RMI act identifies who has done
the work, has the work been registered in the country & if there are
any other owners for the work. For any publication or usage of work
in theatrical issues India mandates that the author/publisher/owner
be mentioned. However, when it comes to electronic rights India
remains very silent on this issue.
Fair Dealing & Licensing: When the content that is accessed on the
internet is stored temporarily on the computer system. This is legal
under the purview of Indian Law. However, if any permanent
ownership of the content is being claimed by the owner of the
computer in which the content gets downloaded temporarily then it
is an offence.
15
16. Continue….
• Domain Names Issues: The Internet Assigned Numbers Authority (IANA),
manages the Domain Name System (DNS). Problems arise when several
companies having similar names compete over the same domain name.
The key issue for a business is to ensure that the domain name that they
choose do not happen to breach the trade mark rights of anyone else nor
do they copy from any copyright works which belongs to a third party.
• Jurisdiction Issues: Although occasionally discussed interchangeably,
applicable law and choice of forum are different concepts that must
both be addressed while addressing Internet jurisdiction concerns.
Applicable law refers to which country’s law will be applied to a
particular dispute. While some contracts will specify which law governs
should a dispute arise, where such a clause has not been included, it is
left to the courts to determine which law should be applied.
16
17. Section 7. Retention of electronic records
• (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's date and time of dispatch Provided that this clause does not
apply to any information, which is automatically generated solely for the
purpose of enabling a record to be dispatched 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.
17
18. Section 8. Publication of rule, regulation,
etc., in Electronic Gazette
• Where any law provides that any rule, regulation, order, bye-law,
notification or nay other matter shall be published in the Official
Gazette, then such requirement shall be deemed to have been
satisfied if such rule, regulation, order, bye-law, notification or
any other matter is published in the Official Gazette or Electronic
Gazette:
• Provided that where any rule, regulation, order, by-law,
notification or any other matter is published in the Official
Gazette or Electronic Gazette, the date of publication shall be
deemed to be the date of the Gazette, which was first, published
in any form.
18
19. National Informatics Centre: Electronic Gazette
• Objectives of the Project :
• To create an Searchable Electronic Gazette database through online
submission of notifications by the stakeholders
• To make available the Gazette and Notifications on the Internet in a
user-friendly interface for use by both the general public and
Government officials
• To reduce the manual effort in publishing of the Gazette by
decentralizing the data input through the departmental interface
• To achieve the objective of RTI Act with regard to proactive
publication of information
• Go Green-Reduce paper usage, Reduce Costs, Improve Efficiency,
reduce pollution, improve carbon credits by savings trees and
conserving water
19
20. Electronic records and Electronic Evidence
• Main purpose of investigation of any crime is to collect sufficient &
legally admissible evidence to ensure conviction of offenders.
• Requirements of evidence in Cyber Crimes are not different but its
nature has made collection of Evidence a specialised job.
• Evidence Act & rules already in existence were considered not
sufficient; so IT Act, 2000 made extensive changes in Indian Evidence
Act, 1872
• Digital evidence or electronic evidence is any probative information
stored or transmitted in digital form that a party to a court case may
use at trial.
• Before accepting digital evidence a court will determine if the
evidence is relevant, whether it is authentic, if it is hearsay and
whether a copy is acceptable or the original is required.
21. APPRECIATION OF E-EVIDENCE
E-EVIDENCE IS FOUND IN
• e-mails
• digital photographs
• ATM transaction logs
• word processing documents
• instant message histories
• files saved from accounting programs
• spreadsheets
• internet browser histories
• databases
21
22. APPRECIATION OF E-EVIDENCE
• Cont...
Contents of computer memory
Computer backups
Computer printouts
Global Positioning System tracks
Logs from a hotel’s electronic door locks
Digital video or audio files
Digital Evidence
• >tends to be more voluminous
• >more difficult to destroy
• >easily modified
• >easily duplicated
• >potentially more expressive, and
• >more readily available
22
23. APPRECIATION OF E-EVIDENCE
>Computer forensics is a branch of forensic science pertaining to
legal evidence found in computers and digital storage mediums.
>Computer forensics is also known as digital forensics.
>The goal of computer forensics is to explain the current state of a
digital artifact.
The term digital artifact can include:
>a computer system
>storage medium (hard disk or CD-ROM)
>an electronic document (e.g. an email message or JPEG image) or
>even a sequence of packets moving over a computer network.
23
24. APPRECIATION OF E-EVIDENCE
>Digital Evidence is “information of probative value that is stored or
transmitted in binary form”.
>Evidence is not only limited to that found on computers but may
also extend to include evidence on digital devices such as
telecommunication or electronic multimedia devices.
The Information Technology Act is based on the United Nations
Commission on International Trade Law (UNCITRAL) model Law on
Electronic Commerce.
Amendments to the Indian Evidence Act 1872, the Indian Penal
Code 1860 and the Banker's Book Evidence Act 1891 provides the
legislative framework for transactions in electronic world.
24
25. APPRECIATION OF E-EVIDENCE
• The definition of 'evidence' has been amended to include
electronic records.
• The definition of 'documentary evidence' has been amended to
include all documents, including electronic records produced for
inspection by the court.
• Section 3 of the Evidence Act, 1872 defines evidence as under:
• "Evidence" - Evidence means and includes:-
• 1)-------------
• 2) all documents including electronic records produced for the
inspection of the court.
26. INDIAN EVIDENCE ACT (Amended)
3. Evidence - "Evidence" means and includes:
• All documents including electronic records produced in
Court are called documentary evidence.
• “Electronic records” has the same meaning as assigned
in IT Act,2000, i.e.:
image or sound stored, received or sent in an electronic
form; or
micro film or computer generated micro fiche;
27. INDIAN EVIDENCE ACT (Amended)
• 17. Admission defined - An admission is a statement,
oral or documentary or contained in electronic form
which suggests any inference as to any fact in issue or
relevant fact.
• 27. How much of information received from accused
may be proved - When any fact is discovered in
consequence of information received from a person
accused of any offence, in the custody of a police officer,
so much of such information, as relates distinctly to the
fact thereby discovered, may be proved.
28. INDIAN EVIDENCE ACT (Amended)
When oral admission as to contents of electronic
records are relevant:
• 22A. Oral admissions as to the contents of electronic
records are not relevant, unless the genuineness of the
electronic record produced is in question.
• 59. Proof of facts by oral evidence - All facts, except
the contents of documents or electronic records, may be
proved by oral evidence.
29. INDIAN EVIDENCE ACT (Amended)
• 39. How much evidence to be given when statement
forms part of electronic record:
• When any statement of which evidence is given forms
part of an electronic record, then
• Evidence shall be given of so much and no more of the
electronic record, as the Court considers necessary in
that particular case to the full understanding of the
nature and effect of the statement, and of the
circumstances under which it was made.
30. INDIAN EVIDENCE ACT (Amended)
Opinion as to digital signature where relevant.
• 47A. When the Court has to form an opinion as to the
digital signature of any person, the opinion of the
Certifying Authority which has issued the Digital
Signature Certificate is a relevant fact.
Proof as to digital signature.
• 67A. Except in the case of a secure digital signature, if
the digital signature of any subscriber is alleged to
have been affixed to an electronic record, the fact
that such digital signature is the digital signature of
the subscriber must be proved.
31. INDIAN EVIDENCE ACT (Amended)
Proof as to verification of digital signature.
• 73A. In order to ascertain whether a digital signature
is that of the person by whom it purports to have
been affixed, the Court may direct-
• (a) that person or the Controller or the Certifying
Authority to produce the Digital Signature Certificate;
• (b) any other person to apply the public key listed in
the Digital Signature Certificate and verify the digital
signature purported to have been affixed by that
person.
32. INDIAN EVIDENCE ACT (Amended)
Admissibility of electronic records.
• 65B. (1) Any information contained in an electronic
record which is printed on a paper, stored, recorded
or copied in optical or magnetic media produced by a
computer shall be deemed to be also a document, if
certain conditions are satisfied.
• It shall be admissible in any proceedings, without
further proof or production of the original, as evidence
of any contents of the original or of any fact stated
therein of which direct evidence would be admissible.
33. INDIAN EVIDENCE ACT (Amended)
• 65 B (2) The conditions are as following:
• (a) the computer output was produced during the
period when it was used regularly to store or process
information for the purposes of any activities regularly
carried on by a person having lawful control over the
computer;
• (b) during the said period, information of the kind
contained in the 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;
34. INDIAN EVIDENCE ACT (Amended)
• 65 B (2) …
• (c) throughout the said period, computer was operating
properly or, if not, then that part of the period was not
such as to affect the electronic record or the accuracy of
its contents; and
• (d) the information contained in the electronic record
reproduced or is derived from such information fed into
the computer in the ordinary course of the said
activities.
• Presumption as to electronic agreements.
• 85A The Court shall presume that every electronic record
purporting to be an agreement containing the digital
signatures of the parties was so concluded by affixing the
digital signature of the parties.
35. INDIAN EVIDENCE ACT (Amended)
Presumption as to electronic records and digital
signatures:
• 85B. (1) the Court shall presume that the secure
electronic record has not been altered since the specific
point of time to which the secure status relates.
• (2) In proceedings involving secure digital signature, the
Court shall presume that the secure digital signature is
affixed by subscriber with the intention of signing or
approving the electronic record.
36. INDIAN EVIDENCE ACT (Amended)
Presumption as to electronic messages:
• 88A. The Court may presume that an electronic
message forwarded by the originator through an
electronic mail server to the addressee to whom the
message purports to be addressed corresponds with
the message as fed into his computer for
transmission;
• but the Court shall not make any presumption as to
the person by whom such message was sent.
37. INDIAN EVIDENCE ACT (Amended)
Presumption as to electronic records five years old.
• 90A. Where any electronic record, purporting or
proved to be five years old, is produced from any
custody which the Court in the particular case
considers proper, the Court may presume that the
digital signature which purports to be the digital
signature of any particular person was so affixed by
him or any person authorised by him in this behalf.
38. Recent Amendments
• The Information Technology (Amendment) Bill, 2008
(Bill No.96-F of 2008) was passed by the Lok Sabha on
22-12-2008 and by the Rajya Sabha on 23-12-2008.
• It received His Excellency President’s assent on 5th
February, 2009.
• The date, from which the amendments are to be
applicable, is yet to be notified.
39. Important Amendments to IT Act
In Section 43, two new offences added:
1. Destroying, deleting or altering information in a computer resource
to diminish its value.
2. Stealing, concealing or destroying any computer source code with
intention to cause damage.
Sec. 66 has been replaced providing that if any of the acts mentioned
in Section 43 was done dishonestly or fraudulently, it is punishable
with 3 Years Imprisonment or Fine of Rs.5.00 Lacs or with both.
A new Sec.66A is added providing for three years imprisonment and
fine for sending:
1. Offensive or menacing information; or
2. False information for causing insult, injury, intimidation, hatred or
ill-will; or
3. E-mail causing annoyance or to deceive or misled recipient about the
origin of that e-mail
40. Important Amendments to IT Act
• Section 66B makes it an offence to dishonestly receive or
retain any stolen computer resource or communication
device which is punishable with 3 years imprisonment or
fine upto Rs. 1.00 Lac.
• Dishonest use of Electronic Signatures, password or
identification feature invites punishment upto 3 years and
fine upto Rs. 1.00 Lac (Section 66C)
• Impersonation with the help of computer or
communication device will result in 3 years imprisonment
and fine upto Rs.1.00 Lac (Section 66D)
• Violation of privacy by way of sending electronic visual
images of private parts of body is also punishable with 3
years’ imprisonment or fine upto Rs. 1.00 Lac. (Section
66E)
41. Important Amendments to IT Act
Cyber Terrorism is defined in Section 66F:
• Whoever threatens the unity, integrity, security or
sovereignty of India or strike terror in people by:
1. Denying access to computer resource; or
2. access computer resource without authority; or
3. Introduce any computer contaminant
and causes death or destruction of property; or
• Penetrates restricted computer resources or information
affecting sovereignty, integrity, friendly relations with
foreign states, public order, decency, contempt of court,
defamation or to the advantage of foreign state or group
of persons.
• It is punishable with imprisonment upto life.
42. Important Amendments to IT Act
• Obscenity has been defined in new Section 67 punishable
with imprisonment for 3 years with fine upto Rs. 5.00 Lacs
for first offence and imprisonment for 5 years with fine upto
Rs. 10.00 Lacs for subsequent offence.
• Section 67A deals with publishing or transmitting sexually
explicit material which is punishable with 5 years
imprisonment & fine upto 10.00 Lacs for first offence and
for subsequent offence, imprisonment upto 7 years with fine
upto 10.00 Lacs.
• Child Pornography has been made a separate offence in
Section 67B punishable with 5 years imprisonment & fine
upto 10.00 Lacs for first offence and for subsequent
offence, imprisonment upto 7 years with fine upto 10.00
Lacs.
43. Important Amendments to IT Act
• Section 69 has been redrafted enabling Government agencies to
intercept, monitor or decrypt any electronic information with
the help of subscribers, intermediary or person incharge of
computer resources.
• Non-cooperation by any of the above invites imprisonment upto 7
years with fine.
• 69A: Government gets power to issue directions for blocking for
public access of any information through any computer resource.
• An intermediary who fails to comply with directions in this regard
shall be punished with imprisonment upto 7 years with fine.
• 69B: For cyber security, Government may order any intermediary
to allow access to any computer resources and violation results
in imprisonment upto 3 years with fine.
44. Important Amendments to IT Act
• Sec.72A Punishment for disclosure of information in breach of lawful contract. -Save as
otherwise provided in this Act or any other law for the time being in force, any person
including an intermediary who, while providing services under the terms of lawful
contract, has secured access to any material containing personal information about
another person, with the intent to cause or knowing that he is likely to cause wrongful
loss or wrongful gain discloses, without the consent of the person concerned, or in
breach of a lawful contract, such material to any other person, shall be punished with
imprisonment for a term which may extend to three years, or with fine which may
extend to five lakh rupees, or with both.
• Section 77:confiscation, compensation awarded or penalty imposed does not come in
the way of penalty, punishment or compensation under any other Act.
• Compounding of offences with punishment upto 3 years allowed subject to the
conditions that accused has no previous conviction or the offence does not affect the
socio-economic conditions or it was not committed against a child or a woman.
• Sec. 77B prescribes that notwithstanding CrPC:
• Offence punishable with imprisonment of 3 years and above are cognizable.
• Offence punishable with imprisonment upto 3 years are bailable.
• Power to investigate Cyber Crimes has been now vested in Inspectors in place of Dy.S.P.
45. Important Amendments to IT Act
• Office of Government Examiner of Electronic Evidence is to be
established. (Section 79A)
• Abatement carries same punishment as main act.
• Attempt to commit offence carries half of the punishment.
(Section 84B & 84C)
• Jurisdiction is not bounded by Country’s boundaries if the
target is a computer resource located in India. Section 4(3)
• Any act done anywhere in the world is an offence if the said
act, if committed in India is an offence. Explanation (a) to
Section 4
• Voluntary concealment of existence of a design by encryption
or any other information hiding tool is an offence.
• The words ‘Digital Signatures” have been replaced with
“Electronic signatures”.
46. Important Amendments to CrPC
• Opinion of Examiner of Electronic Evidence has been
made relevant. (Section 45A)
• Examiner is to be treated as an Expert.
• Examiner is to examined like any other expert from
CFSL (Central Forensic Science Laboratory) or other
Labs.
• Words ‘Digital Signature” are to be replaced by
“Electronic Signature”.
47. APPRECIATION OF E-EVIDENCE
• In Amitabh Bagchi Vs. Ena Bagchi (AIR 2005 Cal 11)
sections 65A and 65B of Evidence Act, 1872 were
analyzed.
• The court held that the physical presence of person
in Court may not be required for purpose of adducing
evidence and the same can be done through medium
like video conferencing.
• Sections 65A and 65B provide provisions for evidences
relating to electronic records and admissibility of
electronic records, and that definition of electronic
records includes video conferencing.
48. APPRECIATION OF E-EVIDENCE
• State of Maharashtra v Dr Praful B Desai (AIR 2003 SC 2053)
involved the question whether a witness can be examined by
means of a video conference.
• The Supreme Court observed that video conferencing is an
advancement of science and technology which permits seeing,
hearing and talking with someone who is not physically
present with the same facility and ease as if they were
physically present.
• The legal requirement for the presence of the witness does
not mean actual physical presence.
• The court allowed the examination of a witness through video
conferencing and concluded that there is no reason why the
examination of a witness by video conferencing should not be
an essential part of electronic evidence.
49. APPRECIATION OF E-EVIDENCE
• In Bodala Murali Krishna Vs. Smt. Bodala Prathima (2007
(2) ALD 72) the court held that, “…the amendments carried
to the Evidence Act by introduction of Sections 65-A and 65-
B are in relation to the electronic record. Sections 67-A and
73-A were introduced as regards proof and verification of
digital signatures.
• As regards presumption to be drawn about such records,
Sections 85-A, 85-B, 85-C, 88-A and 90-A were added. These
provisions are referred only to demonstrate that the
emphasis, at present, is to recognize the electronic records
and digital signatures, as admissible pieces of evidence.”
50. APPRECIATION OF E-EVIDENCE
• In Dharambir v Central Bureau of Investigation (148 (2008) DLT
289) , the court arrived at the conclusion that when Section 65B
talks of an electronic record produced by a computer referred to as
the computer output) it would also include a hard disc in which
information was stored or was earlier stored or continues to be
stored.
• It distinguished as there being two levels of an electronic record.
One is the hard disc which once used itself becomes an electronic
record in relation to the information regarding the changes the hard
disc has been subject to and which information is retrievable from
the hard disc by using a software programme.
• The other level of electronic record is the active accessible
information recorded in the hard disc in the form of a text file, or
sound file or a video file etc. Such information that is accessible can
be converted or copied as such to another magnetic or electronic
device like a CD, pen drive etc.
• Even a blank hard disc which contains no information but was once
used for recording information can also be copied by producing a
cloned had or a mirror image.
51. APPRECIATION OF E-EVIDENCE
• In State (NCT of Delhi) v Navjot Sandhu (AIR 2005 SC 3820) ,
there was an appeal against conviction following the attack on
Parliament on December 13 2001.
• This case dealt with the proof and admissibility of mobile
telephone call records.
• While considering the appeal against the accused for attacking
Parliament, a submission was made on behalf of the accused that
no reliance could be placed on the mobile telephone call
records, because the prosecution had failed to produce the
relevant certificate under Section 65B(4) of the Evidence Act.
• The Supreme Court concluded that a cross-examination of the
competent witness acquainted with the functioning of the
computer during the relevant time and the manner in which the
printouts of the call records were taken was sufficient to prove
the call records.
52. APPRECIATION OF E-EVIDENCE
• In Jagjit Singh v State of Haryana the speaker of the
Legislative Assembly of the State of Haryana
disqualified a member for defection. (2006) 11 SCC 1
• When hearing the matter, the Supreme Court
considered the appreciation of digital evidence in the
form of interview transcripts from the Zee News
television channel, the Aaj Tak television channel and
the Haryana News of Punjab Today television channel.
53. APPRECIATION OF E-EVIDENCE
• The court determined that the electronic evidence
placed on record was admissible and upheld the
reliance placed by the speaker on the recorded
interview when reaching the conclusion that the
voices recorded on the CD were those of the persons
taking action.
• The Supreme Court found no infirmity in the speaker's
reliance on the digital evidence and the conclusions
reached by him.
• The comments in this case indicate a trend emerging
in Indian courts: judges are beginning to recognize
and appreciate the importance of digital evidence in
legal proceedings.
54. APPRECIATION OF E-EVIDENCE
• In Twentieth Century Fox Film Corporation v. NRI Film
Production Associates (P) Ltd. (AIR 2003 Kant 148) certain
conditions have been laid down for video-recording of evidence:
• 1. Before a witness is examined in terms of the Audio-Video Link,
witness is to file an affidavit or an undertaking duly verified
before a notary or a Judge that the person who is shown as the
witness is the same person as who is going to depose on the
screen. A copy is to be made available to the other side.
(Identification affidavit).
• 2. The person who examines the witness on the screen is also to
file an affidavit/undertaking before examining the witness with a
copy to the other side with regard to identification.
• 3. The witness has to be examined during working hours of Indian
Courts. Oath is to be administered through the media.
• 4. The witness should not plead any inconvenience on account of
time different between India and USA.
55. APPRECIATION OF E-EVIDENCE
• 5. Before examination of the witness, a set of plaint, written statement and
other documents must be sent to the witness so that the witness has
acquaintance with the documents and an acknowledgement is to be filed before
the Court in this regard.
• 6. Learned Judge is to record such remarks as is material regarding the demur
of the witness while on the screen.
• 7. Learned Judge must note the objections raised during recording of witness
and to decide the same at the time of arguments.
• 8. After recording the evidence, the same is to be sent to the witness and his
signature is to be obtained in the presence of a Notary Public and thereafter it
forms part of the record of the suit proceedings.
• 9. The visual is to be recorded and the record would be at both ends. The
witness also is to be alone at the time of visual conference and notary is to
certificate to this effect.
• 10. The learned Judge may also impose such other conditions as are necessary
in a given set of facts.
• 11. The expenses and the arrangements are to be borne by the applicant who
wants this facility.