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REGISTERED NO. DL—(N)04/0007/2ttfl3—#9 



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EXTRAORDINARY 
m ii— w l 
PART II — Section 1 
Hlfa+K 3 U+lfold 

PUBLISHED BY AUTHORITY 


13 j iff 5,2009 /16 to, 1930 

No. 13] NEW DELHI, THURSDAY, FEBRUARY 5,2009 /16 Magha, 1930 

Separate paging is given to this Part in order that it may be filed as a separate compilation. 


MINISTRY OF LAW AND JUSTICE 
(Legislative Department) 


New Delhi, the 5 th February, 2009/Magha 16, 1930 (Saka) 

The following Act of Parliament received the assent of the President on the 
5th February, 2009, and is hereby published for general information:— 

THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008 

No. 10 of 2009 

[5th February, 2009.] 

An Act further to amend the Information Technology Act, 2000. 

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:— 

PART I 
Preliminary 

1. (1) This Act may be called the Information Technology (Amendment) Act, Short title and 

_ commencement. 

2008 . 

(2) It shall come into force on such date as the Central Government may, by notification 
in the Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and 
any reference in any such provision to the commencement of this Act shall be construed as 
a reference to the coming into force of that provision. 




Substitution of 
words “digital 
signature” by 
words 
“electronic 
signature”. 


Amendment 
of section 1. 


Amendment 
of section 2. 


THE GAZETTE OF INDIA EXTRAORDINARY [Part II 


PART II 

Amendments to rut; Information Technology Act, 2000 

2. In the Information Technology Act, 2000 (hereinafter in this Part referred to as the 21 of 2000 
principal Act), for the words “digital signature” occurring in the Chapter, section, sub¬ 
section and clause referred to in the Table below, the words “electronic signature” shall be 
substituted. 


Table 


S.No. 

Chapter/section/sub-section/clause 

(1) 

clauses {d), (g), (h) and (zg) of section 2; 

(2) 

section 5 and its marginal heading; 

(3) 

marginal heading of section 6; 

(4) 

clauses (a), (b), (c) and (<?) of section 10 and its marginal heading; 

(5) 

heading of Chapter V; 

(6) 

clauses (/) and (g) of section 18; 

(7) 

sub-section (2) of section 39; 

(8) 

sub-sections (/) and (2) of section 21 and its marginal heading; 

(9) 

sub-section (5) of section 25; 

(10) 

clause (c) of section 30; 

(11) 

clauses (a) and (d) of sub-section (1) and sub-section (2) of section 34; 

(12) 

heading of Chapter VII; 

03) 

section 35 and its marginal heading; 

(14) 

section 64; 

05) 

section 71; 

(16) 

sub-section (/) of section 73 and its marginal heading, 

(17) 

section 74; and 

(IS) 

clauses (d), (/?) and (a) of sub-section (2) of section 87. 


3. In section 1 of the principal Act, for sub-section ( 4 ), the following sub-sections shall 
be substituted, namely:- — 


“(T) Nothing in ibis Act shall apply to documents or transactions specified in 
the First Schedule: 

Provided that the Central Government may, by notification in the Official Gazette, 
amend the First Schedule by way of addition or deletion of entries thereto. 

(5) Every notification issued under sub-section (4) shall be laid before each 
House of Parliament”. 

4. In section 2 of the principal Act,— 

(A) after clause (/?), the following clause shall be inserted, namely:— 

</ia) "communication device” means cell phones, personal digital 
assistance or combination of both or any other device used to communicate, 
send or transmit any text, video, audio or image;’; 

(B) for clause (/'), the following clause shall be substituted, namely:— 

O') computer network means the inter-connection of one or more 
computers or computer systems or communication device through— 

(/) the use of satellite, microwave, terrestrial line, wire, wireless or 
other communication media; and 

(//) terminals or a complex consisting of two or more inter-connected 
computers or communication device whether or not the inter-connection 
is continuously maintained;’; 



Sec.1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


3 


(C) in clause («), the word “Regulations” shall be omitted; 

(D) after clause («), the following clauses shall be inserted, namely:— 

‘(na) “cyber cafe” means any facility from where access to the internet is 
offered by any person in the ordinary course of business to the members of the 
public; 

(nb) “cyber security” means protecting information, equipment, devices, 
computer, computer resource, communication device and information stored 
therein from unauthorised access, use, disclosure, disruption, modification or 
destruction;’. 

(£) after clause (f), the following clauses shall be inserted, namely:— 

‘(to) "electronic signature” means authentication of any electronic record 
by a subscriber by means of the electronic technique specified in the Second 
Schedule and includes digital signature; 

(tb) “Electronic Signature Certificate” means an Electronic Signature 
Certificate issued under section 35 and includes Digital Signature Certificate,, 

(F) after clause («), the following clause shall be inserted, namely:— 

‘( ua ) “Indian Computer Emergency Response Team” means an agency 
established under sub-section (/) of section 70B;’; 

(G) in clause (v), for the words “data, text”, the words “data, message, text” shall 
be substituted; 

( H) for clause (w), the following clause shall be substituted, namely:— 

‘(w) “intermediary”, with respect to any particular electronic records, means 
any person who on behalf of another person receives, stores or transmits that 
record or provides any service with respect to that record and includes telecom 
service providers, network service providers, internet service providers, web¬ 
hosting service providers, search engines, online payment sites, online-auction 
sites, online-market places and cyber cafes;’. 

5. In Chapter II of the principal Act, for the heading, the heading “Digital signature 
and electronic signature” shall be substituted. 

6. After section 3 of the principal Act, the following section shall be inserted, 
namely:— 

“3A. (/) Notwithstanding anything contained in section 3, but subject to the 
provisions of sub-section (2), a subscriber may authenticate any electronic record by 
such electronic signature or electronic authentication technique which— 

(a) is considered reliable; and 

(b) may be specified in the Second Schedule. 

(2) For the purposes of this section any electronic signature or electronic 
authentication technique shall be considered reliable if— 

(a) the signature creation data or the authentication data are, within the 
context in which they are used, linked to the signatory or, as the case may be, the 
authenticator and to no other person; 

(b) the signature creation data or the authentication data were, at the time 
of signing, under the control of the signatory or, as the case may be, the 
authenticator and of no other person; 

(c) any alteration to the electronic signature made after affixing such 
signature is detectable; 

(d) any alteration to the information made after its authentication by 
electronic signature is detectable; and 

(e) it fulfils such other conditions which may be prescribed. 


Amendment of 
heading of 
Chapter II. 
Insertion of 
new section 
3A. 

Electronic 

signature. 



4 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II-— 


Insertion of 
new section 
6A. 

Delivery of 
services by 
service 
provider. 


Insertion of 
new section 
7 A. 


(5) The Central Government may prescribe the procedure for the purpose of 
ascertaining whether electronic signature is that of the person by whom it is purported 
to have been affixed or authenticated. 

(4) The Central Government may, by notification in the Official Gazette, add to or 
omit any electronic signature or electronic authentication technique and the procedure 
for affixing such signature from the Second Schedule: 

Provided that no electronic signature or authentication technique shall be 
specified in the Second Schedule unless such signature or technique is reliable. 

(5) Every notification issued under sub-section (4) shall be laid before each 
House of Parliament.”. 

7. After section 6 of the principal Act, the following section shall be inserted, namely:— 


,' 6A - (7) The a PP r °P rialc Government may, for the purposes of this Chapter and 
lor efficient delivery of services to the public through electronic means authorise, bv 
order, any service provider to set up, maintain and upgrade the computerised facilities 
and perform such other services as it may specify by notification in the Official 
Gazette. 

Explanation .--For the purposes of this section, service provider so authorised 
includes any individual, private agency, private company, partnership firm, sole 
proprietor firm or any such other body or agency which has been granted permission 
by the appropriate Government to offer services through electronic means in 
accordance with the policy governing such service sector. 

(2) The appropriate Government may also authorise any service provider 
authorised under sub-section (/) to coliect, retain and appropriate such service charges, 
as may be prescribed by the appropriate Government for the purpose of providing 
such services, from the person availing such service. 

(3) Subject to the provisions of sub-section (2), the appropriate Government 
may authorise 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 bv the 
service providers under this section: 

Provided that the appropriate Government may specify different scale of service 
charges for different types of services.’. 

8. After section / o! the principal Act, the following section shall be inserted, namely:_ 


Audit of 

documents, 

etc., 

maintained in 

electronic 

form. 


7A. W here 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 maintanined in the electronic form.”. 


Insertion of 
new section 
10A. 


9, After section 10 of the 
namely:— 


principal Act, the following section shall be inserted. 


Validity of 

contracts 

formed 

through 

electronic 

means. 


10A. 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.”. 



Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY_ 5 


10. In section 12 of the principal Act, in sub-section (7), for the words “agreed with the 
addressee”, the word “stipulated” shall be substituted. 

11 . For sections 15 and 16 of the principal Act, the following sections shall be 
substituted, namely:— 


‘ 15. An electronic signature shall be deemed to be a secure electronic signature 
if— 

(/) the signature creation data, at the time of affixing signature, was under 
the exclusive control of signatory and no other person; and 

(») the signature creation data was stored and affixed in such exclusive 
manner as may be prescribed. 

Explanation— In case of digital signature, the “signature creation data” means 
the private key of the subscriber. 

16. The Central Government may, for the purposes of sections 14 mid 15, 
prescribe the security procedures and practices: 

Provided that in prescribing such security procedures and practices, the Central 
Government shall have regard to the commercial circumstances, nature of transactions 
and such other related factors as it may consider appropriate.’. 

12. In section 17 of the principal Act,— 

(а) in sub-section (7), for the words “and Assistant Controllers”, the words 
Assistant Controllers, other officers and employees” shall be substiuted; and 

(б) in sub-section (4), for the words “and Assistant Controllers”, the words 
“, Assistant Controllers, other officers and employees” shall be substituted.”. 

13. Section 20 of the principal Act shall be omitted. 

14. In section 29 of the principal Act, in sub-section (7), for the words “any 
contravention of the provisions of this Act, rules or regulations made thereunder", the 
words “any contravention of the provisions of this Chapter” shall be substituted. 

15. In section 30 of the principal Act,— 

(/) in clause (c), after the word “assured”, the word “and” shall be omitted; 

(h) after clause (c), the following clauses shall be inserted, namely:— 

“(ca) be the repository of all Electronic Signature Certificates issued under 
this Act; 

(cb) publish information regarding its practices, Electronic Signature 
Certificates and current status of such certificates; and”. 

16. In section 34 of the principal Act, in sub-section (7), in clause (a), the words “which 
contains the public key corresponding to the private key used by that Certifying Authority 
to digitally sign another Digital Signature Certificate” shall be omitted. 

17. In section 35 of the principal Act, in sub-section (4), — 

(a) the first proviso shall be omitted; 

(b) in the second proviso, for the words "Provided further", the word "Provided" 
shall be substituted. 

18. In section 36 of the principal Act, after clause (c), the following clauses shall be 
inserted, namely:— 

“(ca) the subscriber holds a private key which is capable of creating a digital 
signature; 

(cb) the public key to be listed in the certificate can be used to verify a digital 
signature affixed by the private key held by the subscriber;”. 


Amendment 
of section 12. 

Substitution of 
new sections 
for sections 
15 and 16. 

Secure 

electronic 

signature. 


Security 
procedures and 
practices. 


Amendment of 
section 17. 


Omission of 
section 20. 

Amendment of 
section 29. 


Amendment of 
section 30. 


Amendment of 
section 34. 


Amendment of 
section 35. 


Amendment of 
section 36. 



6 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II— 


Insertion of 
new section 
40A. 

Duties of 
subscriber of 
Electronic 
Signature 
Certificate. 

Amendment 
heading of 
Chapter IX 

Amendment ol 
section 43. 


Insertion of 
new section 
43A. 

Compensation 
for failure to 
protect data. 


19. After section 40 of the principal Act, the following section shall be inserted, 
namely:— 


“40A. In respect of Electronic Signature Certificate the subscriber shall perform 
such duties as may be prescribed.”. 


20. In Chapter IX of the principal Act, in the heading, for the words “Penalties and 
adjudication ”, the words “Penalties, compensation and adjudication” shall be substituted. 

21. In section 43 of the principal Act- 

fa) in the marginal heading, for the word “Penalty”, the words “Penalty and 
Compensation” shall be substituted; 

fa) in clause (a), after the words “computer network”, the words “or computer 
resource” shall be inserted; 

fa) after clause (/?), the following clauses shall be inserted, namely:— 

“(0 destroys, deletes or alters any information residing in a computer 
resource or diminishes its value or utility or affects it injuriously by any means; 

O') steal, conceals, destroys or alters or causes any person to steal, conceal, 
destroy or alter any computer source code used for a computer resource with an 
intention to cause damage;”; 

fa) for the portion begining with the words “he shall be liable to pay damages” 
and ending with the words “persons so affected” the following shall be substituted, 
namely:— 

“he shall be liable to pay damages by way of compensation to the person 
so affected”; 

fa) in the Explanation, after clause (<v), the following clause shall be inserted, 
namely:— 

‘(v) “computer source code” means the listing of programmes, computer 
commands, design and layout and programme analysis of computer resource in any 
form”. 

22. After section 43 of the principal Act, the following section shall be inserted, 
namely:— 


‘43A. Where a body corporate, possessing, dealing or handling any sensitive 
personal data or information in a computer resource which it owns, controls or operates, 
is negligent in implementing and maintaining reasonable security practices and 
procedures and thereby causes wrongful loss or wrongful gain to any person, such 
body corporate shall be liable to pay damages by way of compensation to the person 
so affected. 

Explanation .—For the purposes of this section,— 

(0 “body corporate” means any company and includes a firm, sole 
proprietorship or other association of individuals engaged in commercial or 
professional activities; 

( H ) “reasonable security practices and procedures” means security 
practices and procedures designed to protect such information from unauthorised 
access, damage, use, modification, disclosure or impairment, as may be specified 
in an agreement between the parties or as may be specified in any law for the time 
being in force and in the absence of such agreement or any law, such reasonable 
security practices and procedures, as may be prescribed by the Central 
Government in consultation with such professional bodies or associations as it 
may deem fit; 



Sec.1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


7 


5 of 1908. 


(//i) “sensitive personal data or information” means such personal 
information as may be prescribed by the Central Government in consultation 
with such professional bodies or associations as it may deem fit.’. 

23. In section 46 of the principal Act,— 

(a) in sub-section (/), for the words “direction or order made thereunder”, the 
words “direction or order made thereunder which renders him liable to pay penalty or 
compensation,” shall be substituted; 

( b) after sub-section (/), the following sub-section shall be inserted, namely:— 

1 \1A) The adjudicating officer appointed under sub-section ( 1 ) shall 
exercise jurisdiction to adjudicate matters in which the claim for injury or damage 
does not exceed rupees five crore: 

Provided that the jurisdiction in respect of the claim for injury or damage 
exceeding rupees five crore shall vest with the competent court.”; 

(c) in sub-section (5), after clause (6), the following clause shall be inserted, 
namely:— 

“(c) shall be deemed to be a civil court for purposes of Order XXI of the 
Civil Procedure Code, 1908”. 

24. In Chapter X of the principal Act, in the heading, the word “Regulations” shall be 
omitted. 

25. In section 48 of the principal Act, in sub-section (/), the word “Regulations” shall 
be omitted. 

26. For sections 49 to 52 of the principal Act, the following sections shall be substituted, 
namely:— 


“49. (/) The Cyber Appellate Tribunal shall consist of a Chairperson and such 
number of other Members, as the Central Government may, by notification in the 
Official Gazette, appoint: 

Provided that the person appointed as the Presiding Officer of the Cyber Appellate 
Tribunal under the provisions of this Act immediately before the commencement of the 
Information Technology (Amendment) Act, 2008 shall be deemed to have been 
appointed as the Chairperson of the said Cyber Appellate Tribunal under the provisions 
of this Act as amended by the Information Technology (Amendment) Act, 2008. 

(2) The selection of Chairperson and Members of the Cyber Appellate Tribunal 
shall be made by the Central Government in consultation with the Chief Justice of 
India. 

(3) Subject to the provisions of this Act— 

(a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal 
may be exercised by the Benches thereof; 

(b) a Bench may be constituted by the Chairperson of the Cyber Appellate 
Tribunal with one or two Members of such Tribunal as the Chairperson may 
deem fit; 

(c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and 
at such other places as the Central Government may, in consultation with the 
Chairperson ofthe Cyber Appellate Tribunal, by notification in the Official Gazette, 

specify; 


Amendment of 
section 46. 


Amendment of 
beading of 
Chapter X. 

Amendment of 
section 48. 

Substitution of 
new sections 
for sections 49 
to 52. 

Composition 
of Cyber 
Appellate 
Tribunal. 



8 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II- 


_ (d ) the Central Government shall, by notification in the Official Gazette, 
specify the areas in relation to which each Bench of the Cyber Appellate Tribunal 
may exercise its jurisdiction. 


Qualifications 
for appoint¬ 
ment as 
Chairperson 
and Members 
of Cyber 
Appellate 
Tribunal 


Term of 
office, 

conditions of 
service, etc., 
of Chairperson 
and Members. 


Salary, 

allowances and 
other terms 
and conditions 
of service of 
Chairperson 
and Members. 

Powers of 
superintendence, 
direction, etc. 


(4) Notwithstanding anything contained in sub-section (5), the Chairperson of 
the Cyber Appellate Tribunal may transfer a Member of such Tribunal from one Bench 
to another Bench. 

(5) If at any stage of the hearing of any case or matter it appears to the Chairperson 
or a Member of the Cyber Appellate Tribunal that the case or matter is of such a nature 
that it ought to be heard by a Bench consisting of more Members, the case or matter 
may be transferred by the Chairperson to such Bench as the Chairperson may deem fit. 

50. (/) A person shall not be qualified for appointment as a Chairperson of the 
Cyber Appellate Tribunal unless he is, or has been, or is qualified to be a Judge of a 
High Court. 

(2) The Members ofthe Cyber Appellate Tribunal, except the Judicial Member to 
be appointed under sub-section (J), shall be appointed by the Central Government 
from amongst persons, having special knowledge of, and professional experience in, 
information technology, telecommunication, industry, management or consumer affairs: 

Provided that a person shall not be appointed as a Member, unless he is, or has 
been, in the service of the Central Government or a State Government, and has held the 
post of Additional Secretary to the Government of India or any equivalent post in the 
Central Government or State Government for a period of not less than one year or Joint 
Secretary to the Government of India or any equivalent post in the Central Government 
or State Government for a period of not less than seven years, 

(2) The Judicial Members ofthe Cyber Appellate Tribunal shall be appointed by 
the Central Government from amongst persons who is or has been a member ofthe 
Indian Legal Service and has held the post of Additional Secretary for a period of not 
less than one year or Grade I post of that Service for a period of not less than five years. 

51. (/) The Chairperson or Member of the Cyber Appellate Tribunal shall hold 
office for a term of five years from the date on which he enters upon his office or until 
he attains the age of sixty-five years, whichever is earlier. 

(2) Before appointing any person as the Chairperson or Member ofthe Cyber 
Appellate Tribunal, the Central Government shall satisfy itself that the person does 
not have any such financial or other interest as is likely to affect prejudicially his 
functions as such Chairperson or Member. 

(2) An officer of the Central Government or State Government on his selection as 
the Chairperson or Member ofthe Cyber Appellate Tribunal, as the case may be, shall 
have to retire from service before joining as such Chairperson or Member. 

52. The salary and allowances payable to, and the other terms and conditions of 
service including pension, gratuity and other retirement benefits of, the Chairperson 
or a Member of the Cyber Appellate 1 ribunal shall be such as may be prescribed. 


52A. The Chairperson of the Cyber Appellate Tribunal shall have powers of 
general superintendence and directions in the conduct of the affairs of that Tribunal 
and he shall, in addition to presiding over the meetings ofthe Tribunal, exercise and 
discharge such powders and functions of the Tribunal as may be prescribed. 



Sec.1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


9 


52B. Where Benches are constituted, the Chairperson of the Cyber Appellate 
Tribunal may, by order, distribute the business of that Tribunal amongst the Benches 
and also the matters to be dealt with by each Bench. 

52C. On the application of any of the parties and after notice to the parties, and 
after hearing such of them as he may deem proper to be heard, or suo motu without 
such notice, the Chairperson of the Cyber Appellate Tribunal may transfer any case 
pending before one Bench, for disposal to any other Bench. 

52D. If the Members of a Bench consisting of two Members differ in opinion on 
any point, they shall state the point or points on which they differ, and make a reference 
to the Chairperson of the Cyber Appellate Tribunal who shall hear the point or points 
himself and such point or points shall be decided according to the opinion of the 
majority of the Members who have heard the case, including those who first heard it.”. 

27. In section 53 of the principal Act, for the words “Presiding Officer”, the words 
“Chairperson or Member, as the case may be,” shall be substituted. 

28. In section 54 of the principal Act, for the words “Presiding Officer” wherever they 
occur, the words “Chairperson or the Member” shall be substituted. 

29. In section 55 of the principal Act, for the words “Presiding Officer”, the words 
“Chairperson or the Member” shall be substituted. 

30. In section 56 of the principal Act, for the words “Presiding Officer”, the word 
“Chairperson” shall be substituted. 

31. In section 64 of the principal Act,— 

(0 for the words “penalty imposed”, the words “penalty imposed or compensation 
awarded” shall be substituted; 

(»') in the marginal heading, for the word “penalty”, the words “p ena Uy or 
compensation” shall be substituted. 

32. For sections 66 and 67 of the principal Act, the following sections shall be 
substituted, namely:— 


45 of 1860. 

45 of 1860. 


‘66. If any person, dishonestly or fraudulently, does any act referred to in section 43, 
he shall be punishable with imprisonment for a term which may extend to three years or with 
fine which may extend to five lakh rupees or with both. 

Explanation .—For the purposes of this section,— 

(a) the word “dishonestly” shall have the meaning assigned to it in section 24 
of the Indian Penal Code; 

(b) the word “fraudulently” shall have the meaning assigned to it in section 25 
of the Indian Penal Code. 

66A. Any person who sends, by means of a computer resource or a 
communication device,— 

(а) any information that is grossly offensive or has menacing character; or 

(б) any information which he knows to be false, but for the purpose of 
causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal 
intimidation, enmity, hatred or ill will, persistently by making use of such computer 
resource or a communication device; or 


about the origin of such messages. 


(c) any electronic mail or electronic mail message for the purpose of causing 
or inconvenience or to deceive or to mislead the addressee or recipient 


Distribution 
of business 
among 
Benches. 

Power of 
Chairperson 
to transfer 
cases. 

Decision by 
majority. 


Amendment 
of section 53. 

Amendment 
of section 54. 

Amendment 
of section 55. 

Amendment 
of section 56. 

Amendment 
of section 64. 


Substitution of 
new sections 
for sections 66 
and 67. 

Computer 

related 

offences. 


Punishment 

for sending 

offensive 

messages 

through 

communication 

service, etc. 



10 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II— 


Punishment 

for 

dishonestly 

receiving 

stolen 

computer 

resource or 

communication 

device. 

Punishment 
for identity 
theft. 


Punishment 
for cheating 
by 

personation 
by using 
computer 
resource. 

Punishment for 
violation of 
privacy. 


Punishment 
for cyber 
terrorism. 


shall be punishable with imprisonment for a term which may extend to three years and 
with fine. 

Explanation.- For the purposes of this section, terms “electronic mail” and 
“electronic mail message” means a message or information created or transmitted or 
received on a computer, computer system, computer resource or communication device 
including attachments in text, image, audio, video and any other electronic record, 
which may be transmitted with the message. 

66B. Whoever dishonestly receives or retains any stolen computer resource or 
communication device knowing or having reason to believe the same to be stolen computer 
resource or communication device, shall be punished with imprisonment of either description 
for a term which may extend to three years or with fine which may extend to rupees one lakh 
or with both. 


66C. Whoever, fraudulently or dishonestly make use of the electronic signature, 
password or any other unique identification feature of any other person, shall be punished 
with imprisonment of either description for a term which may extend to three years and shall 
also be liable to fine which may extend to rupees one lakh. 

66D. W hoever, by means of any communication device or computer resource cheats 
by personation, shall be punished with imprisonment of either description for a term which 
may extend to three years and shall also be liable to fine which may extend to one lakh rupees. 


66E. Whoever, intentionally or knowingly captures, publishes or transmits the image 
of a private area of any person without his or her consent, under circumstances violating the 
privacy of that person, shall be punished with imprisonment which may extend to three years 
or with fine not exceeding two lakh rupees, or with both. 

Explanation — For the purposes of this section— 

(a) “transmit” means to electronically send a visual image with the intent that it 
be viewed by a person or persons; 

(b) “capture”, with respect to an image, means to videotape, photograph, film or 
record by any means; 

(c) “private area” means the naked or undergarment clad genitals, public area, 
buttocks or female breast; 

(d) “publishes” means reproduction in the printed or electronic form and making 
it available for public; 

(e) “under circumstances violating privacy” means circumstances in w r hich a 
person can have a reasonable expectation that— 

(/) he or she could disrobe in privacy, without being concerned that an 
image of his private area was being captured; or 

(ii) any part of his or her private area would not be visible to the public, 
regardless of whether that person is in a public or private place. 

66F. (/) Whoever— 

(A) with intent to threaten the unity, integrity, security or sovereignty of India or 
to strike terror in the people or any section of the people by— 

(/) denying or cause the denial of access to any person authorised to 
access computer resource; or 



Sec. 1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


11 


(if) attempting to penetrate or access a computer resource without 

authorisation or exceeding authorised access; or 

(Hi) introducing or causing to introduce any computer contaminant, 

and by means of such conduct causes or is likely to cause death or injuries to persons 
or damage to or destruction of property or disrupts or knowing that it is likely to cause 
damage or disruption of supplies or services essential to the life of the community or 
adversely affect the critical information infrastructure specified under section 70, or 

(B) knowingly or intentionally penetrates or accesses a computer resource without 
authorisation or exceeding authorised access, and by means of such conduct obtains 
access to information, data or computer database that is restricted for reasons of the 
security of the State or foreign relations; or any restricted information, data or 
computer database, with reasons to believe that such information, data or computer 
database so obtained may be used to cause or likely to cause injury to the interests of 
the sovereignty and integrity of India, the security of the State, friendly relations with 
foreign States, public order, decency or morality, or in relation to contempt of court, 
defamation or incitement to an offence, or to the advantage of any foreign nation, 
group of individuals or otherwise, 

commits the offence of cyber terrorism. 

(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with 
imprisonment which may extend to imprisonment for life. 

67. Whoever publishes or transmits or causes to be published or transmitted in 
the electronic form, any material which is lascivious or appeals to the prurient interest 
or if its effect is such as to tend to deprave and corrupt persons who are likely, having 
regard to all relevant circumstances, to read, see or hear the matter contained or embodied 
in it, shall be punished on first conviction with imprisonment of either description for 
a term which may extend to three years and with fine which may extend to five lakh 
rupees and in the event of second or subsequent conviction with imprisonment of 
either description for a term which may extend to five years and also with fine which 
may extend to ten lakh rupees. 

67A. Whoever publishes or transmits or causes to be published or transmitted 
in the electronic form any material which contains sexually explicit act or conduct shall 
be punished on first conviction with imprisonment of either description for a term 
which may extend to five years and with fine which may extend to ten lakh rupees and 
in the event of second or subsequent conviction with imprisonment of either description 
for a term which may extend to seven years and also with fine which may extend to ten 
lakh rupees. 

67B. Whoever,— 

(a) publishes or transmits or causes to be published or transmitted material in 
any electronic form which depicts children engaged in sexually explicit act or conduct, 
or 

(b) creates text or digital images, collects, seeks, browses, downloads, advertises, 
promotes, exchanges or distributes material in any electronic form depicting children 
in obscene or indecent or sexually explicit manner; or 

(c) cultivates, entices or induces children to online relationship with one or more 
children for and on sexually explicit act or in a manner that may offend a reasonable 
adult on the computer resource; or 

(d) facilitates abusing children online; or 

(e) records in any electronic form own abuse or that of others pertaining to 
sexually explicit act with children. 


Punishment 
for publishing 
or 

transmitting 
cbscene 
material in 
electronic 
form. 


Punishment for 
publishing or 
transmitting of 
material 
containing 
sexually 
explicit act, 
etc., in 

electronic form. 

Punishment 
for publishing 
or transmitting 
of material 
depicting 
childern in 
sexually 
explicit act, 
etc., in 
electronic 
form. 



12 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II— 


Preservation 
and retention 
of information 
by 

intermediaries. 


Amendment of 
section 68. 


Substitution of 
new sections 
for section 69. 

Power to 
issue 

directions for 
interception 
or monitoring 
or decryption 
of any 
information 
through any 
computer 
resource. 


shall be punished on first conviction with imprisonment of either description for a term which 
may extend to five years and with fine which may extend to ten lakh rupees and in the event 
of second or subsequent conviction with imprisonment of either discription for a term which 
may extend to seven years and also with fine which may extend to ten lakh rupees: 

Provided that provisions of section 67, section 67A and this section does not 
extend to any book, pamphlet, paper, writing, drawing, painting representation or 
figure in electronic form— 

(/) the publication of which is proved to be justified as being for the public 
good on the ground that such book, pamphlet, paper, writing, drawing, painting 
representation or figure is in the interest of science, literature, art or learning or 
other objects of general concern; or 

(») which is kept or used for bona fide heritage or religious purposes. 

Explanation — For the purposes of this section, “children” means a person 
who has not completed the age of 18 years. 

67C. (/) Intermediary shall preserve and retain such information as may be 
specified for such duration and in such manner and format as the Central Government 
may prescribe. 

(2) Any intermediary who intentionally or knowingly contravenes the provisions 
of sub-section (/) shall be punished with an imprisonment for a term which may extend 
to three years and shall also be liable to fine.’. 

33. In section 68 of the principal Act, for sub-section (2), the following sub-section 
shall be substituted, namely:— 

“(2) Any person who intentionally or knowingly fails to comply with any order 
under sub-section (/) shall be guilty of an offence and shall be liable on conviction to 
imprisonment for a term not exceeding two years or a fine not exceeding one lakh 
rupees or with both.”. 

34. For section 69 of the principal Act, the following sections shall be substituted, 
namely:— 


‘69. (/) Where the Central Government or a State Government or any of its officers 
specially authorised by the Central Government or the State Government, as the case may be, 
in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the 
sovereignty or integrity of India, defence of India, security of the State, friendly relations 
with foreign States or public order or for preventing incitement to the commission of any 
cognizable offence relating to above or for investigation of any offence, it may subject to the 
provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any 
agency of the appropriate Government to intercept, monitor or decrypt or cause to be 
intercepted or monitored or decrypted any information generated, transmitted, received or 
stored in any computer resource. 

(2) The procedure and safeguards subject to wTiich such interception or monitoring or 
decryption may be carried out, shall be such as may be prescribed. 

(J) The subscriber or intermediary or any person in-charge of the computer resource 
shall, when called upon by any agency referred to in sub-section (/), extend all facilities and 
technical assistance to— 

(а) provide access to or secure access to the computer resource generating, 
transmitting, receiving or storing such information; or 

(б) intercept, monitor, or decrypt the information, as the case may be; or 
(c) provide information stored in computer resource. 



Sec.1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


13 


(4) The subscriber or intermediary or any person who fails to assist the agency referred 
to in sub-section (3) shall be punished with imprisonment for a term which may extend to 
seven years and shall also be liable to fine. 

69 A. (/) Where the Central Government or any of its officers specially authorised by it 
in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty 
and integrity of India, defence of India, security of the State, friendly relations with foreign 
States or public order or for preventing incitement to the commission of any cognizable 
offence relating to above, it may subject to the provisions of sub-section (2), for reasons to 
be recorded in writing, by order, direct any agency of file Government or intermediary to 
block for access by the public or cause to be blocked for access by the public any information 
generated, transmitted, received, stored or hosted in any computer resource. 

(2) The procedure and safeguards subject to which such blocking for access by the 
public may be carried out, shall be such as may be prescribed. 

(3) The intermediary who fails to comply with the direction issued under sub-section 

(1) shall be punished with an imprisonment for a term which may extend to seven years and 
shall also be liable to fine. 

69B. (/) The Central Government may, to enhance cyber security and for identification, 
analysis and prevention of intrusion or spread of computer contaminant in the country, by 
notification in the Official Gazette, authorise any agency of the Government to monitor and 
collect traffic data or information generated, transmitted, received or stored in any computer 
resource. 

(2) The intermediary or any person in-charge or the computer resource shall, when 
called upon by the agency which has been authorised under sub-section (/), provide technical 
assistance and extend all facilities to such agency to enable online access or to secure and 
provide online access to the computer resource generating, transmitting, receiving or storing 
such traffic data or information. 

(3) The procedure and safeguards for monitoring and collecting traffic data or 
information, shall be such as may be prescribed. 

(4) Any intermediary who intentionally or knowingly contravenes the provisions of 
sub-section (2) shall be punished with an imprisonment for a term which any extend to three 
years and shall also be liable to fine. 

Explanation. —For the purposes of this section,— 

(i) “computer contaminant” shall have the meaning assigned to it in section 43; 

(if) “traffic data” means any data identifying or purporting to identify any person, 
computer system or computer network or location to or from which the communication 
is or may be transmitted and includes communications origin, destination, route, time, 
date, size, duration or type of underlying service and any other information.’. 

35. In section 70 of the principal Act,— 

(a) for sub-section (/), the following sub-section shall be substituted, 
namely:— 

‘(/) The appropriate Government may, by notification in the Official Gazette, 
declare any computer resource which directly or indirectly affects the facility of 
Critical Information Infrastructure, to be a protected system. 

Explanation. —For the purposes of this section, “Critical Information 
Infrastructure” means the computer resource, the incapacitation or destruction 
of which, shall have debilitating impact on national security, economy, public 
health or safety.’; 


Power to issue 
directions for 
blocking for 
public access 
of any 
information 
through any 
computer 
resource. 


Power to 
authorise to 
monitor and 
collect traffic 
data or 
information 
through any 
computer 
resource for 
cyber security. 


Amendment of 
section 70. 



Insertion of 
new sections 
70A and 70B. 

National nodal 
agency. 


Indian 

Computer 

Emergency 

Response 

Team to 

serve as 

national 

agency for 

incident 

response. 


THE GAZETTE OK INDIA EXTRAORDINARY 


[Part II— 


(b) after sub-section (5), the following sub-section shall be inserted, namely:_ 

"(4) The Central Government shall prescribe the information security 
practices and procedures for such protected system.' 1 . 

36. After section 70 of the principal Act, the following sections shall be inserted, 
namely:— 


“70A. (/) The Centra! Government may, by notification published in the Official 
Gazette, designate any organisation of the Government as the national nodal agency 
in respect of Critical Information Infrastructure Protection. 

(2) The national nodal agency designated under sub-section (7) shall be 
responsible for all measures including Research and Development relating to 
protection of Critical Information Infrastructure. 

(3) The manner of performing functions and duties of the agency referred to in 
sub-section (/) shall be such as may be prescribed. 

70B- (/) The Central Government shall, by notification in the Official Gazette, 
appoint an agency of the Government to be called the Indian Computer Emergency 
Response Team. 

(2) The Central Government shall provide the agency referred to in sub-section 
(7) with a Director-General and such other officers and employees as may be prescribed. 

(3) The salary and allowances and terms and conditions of the Director-General 
and other officers and employees shall be such as may be prescribed. 

(4) The Indian Computer Emergency Response Team shall serve as the national 
agency for performing the following functions in the area of cyber security — 

(") collection, analysis and dissemination of information on cyber 

incidents; 

(b) forecast and alerts of cyber security incidents; 

(c) emergency measures for handling cyber security incidents; 

(d) coordination of cyber incidents response activities; 

(e) issue guidelines, advisories, vulnerability notes and whitepapers 

relating to information security practices, procedures, preventation, response 

and reporting of cyber incidents; 

(/) such other functions relating to cyber security as may be prescribed. 

(5) The manner of performing functions and duties of the agency referred to in 
sub-section (7) shall be such as may be prescribed. 

((5) For carrying out the provisions of sub-section (4), the agency referred to in 
sub-section (/) may call for information and give direction to the service providers, 
intermediaries, data centres, body corporate and any other person. 

(7) Any service provider, intermediaries, datacentres, body corporate or person 
who fails to provide the information called for or comply with the direction under sub¬ 
section (6), shall be punishable with imprisonment for a term which may extend to one 
year or with fine which may extend to one lakh rupees or with both. 

(5) No court shall take cognizance of any offence under this section, except on 
a complaint made by an officer authorised in this behalf by the agency referred to in 
sub-section (7).”. 



Sec. 1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


15 


2 of 1974. 

2 of 1974. 


37. After section 72 of the principal Act, the following section shall be inserted, 
namely:— 


“72A. 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.”. 

38. For section 77 of the principal Act, the following sections shall be substituted, 
namely:— 


“77. No compensation awarded, penalty imposed or confiscation made under 
this Act shall prevent the award of compensation or imposition of any other penalty or 
punishment under any other law for the time being in force. 


77A. A court of competent jurisdiction may compound offences, other than 
offences for which the punishment for life or imprisonment for a term exceeding three 
years has been provided, under this Act: 

Provided that the court shall not compound such offence where the accused is, 
by reason of his previous conviction, liable to either enhanced punishment or to a 
punishment of a different kind: 

Provided further that the court shall not compound any offence where such 
offence affects the socio economic conditions of the country or has been committed 
against a child below the age of 18 years or a woman. 

(2) The person accused of an offence under this Act may file an application for 
compounding in the court in which offence is pending for trial and the provisions of 
sections 265B and 265C of the Code of Criminal Procedure, 1973 shall apply. 

77B. Notwithstanding anything contained in the Code of Criminal Procedure, 
1973, the offence punishable with imprisonment of three years and above shall be 
cognizable and the offence punishable with imprisonment of three years shall be bailable. 

39. In section 78 of the principal Act, for the words “Deputy Superintendent of 
Police” the word “Inspector” shall be substituted. 

40. For Chapter XII of the principal Act, the following Chapters shall be substituted, 
namely:— 


‘CHAPTER XII 

Intermediaries not to be liable in certain cases 

79. (/) Notwithstanding anything contained in any law for the time being in force 
but subject to the provisions of sub-sections (2) and (3), an intermediary 
shall not be liable for any third party information, data, or communication link made 
available or hosted by him. 

(2) The provisions of sub-section (7) shall apply if— 

{a) the function of the intermediary is limited to providing access to a 
communication system over which information made available by third parties is 
transmitted or temporarily stored or hosted; or 


Insertion of 
new section 
72A. 

Punishment 
for disclosure 
of information 
in breach 
of lawful 
contract. 


Substitution of 
new sections 
for section 77. 

Compensation, 
penalties or 
confiscation 
not to interfere 
with other 
punishment. 

Compounding 
of offences. 


Offences with 
three years 
imprisonment 
to be bailable. 

Amendment of 
section 78. 

Substitution of 
new Chapters 
for Chapter XII. 


Exemption 
from liability of 
intermediary in 
certain cases. 



Central 
Government 
to notify 
Examiner of 
Electronic 
Evidence. 


Amendment 
of section 80. 

Amendment 
of section 81. 


Amendment 
of section 82. 


Amendment 
of section 84. 

Insertion of 
new sections 
84A, 84B and 
84C. 


16 THE GAZETTE OF INDIA EXTRAORDINARY [PartII 


(6) the intermediary docs not— 

(0 initiate the transmission, 

(//) select the receiver of the transmission, and 

(Hi) select or modify the information contained in the transmission; 

(c) the intermediary observes due diligence while discharging his duties 
under this Act and also observes such other guidelines as the Central 
Government may prescribe in this behalf. 

(5) The provisions of sub-section (7) shall not apply if— 

(a) the intermediary has conspired or abetted or aided or induced, whether 
by threats or promise or otherwise in the commission of the unlawful act; 

(b) upon receiving actual knowledge, or on being notified by the 
appropriate Government or its agency that any information, data or 
communication link residing in or connected to a computer resource controlled 
by the intermediary is being used to commit the unlawful act, the intermediary 
fails to expeditiously remove or disable access to that material on that resource 
without vitiating the evidence in any manner. 

Explanation, - -For the purposes of this section, the expression “third party 
information" means any information dealt with by an intermediary in his capacity as an 
intermediary 7 . 

CHAPTER XI1A 

: Examiner or electronic evidence 

79A, The Central Government may, for the purposes of providing expert opinion 
on electronic form evidence before any court or other authority specify', by notification 
in the Official Gazette, any Department, body or agency of the Central Government or 
a State Government as an Examiner of Electronic Evidence. 

Explanation.— For the purposes of this section, “electronic form evidence” 
means any information of probative value that is either stored or transmitted in electronic 
form and includes computer evidence, digital audio, digital video, cell phones, digital 
fax machines.’. 

41. In section 80 of the principal Act, in sub-section (/), for the words “Deputy 
Superintendent of Police", the word “Inspector” shall be substituted. 

42. In section 81 of the principal Act, the following proviso shall be inserted at the end, 
namely:— 

“Provided that nothing contained in this Act shall restrict any person from 
exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970”. 14 of 1957 

39 of 1970 

43. In section 82 of the principal Act,— 

(a) for the marginal heading, the following marginal heading shall be substituted, 
namely:— 

“Chairperson, Members, officers and employees to be public servants.”; 

(b) for the words “Presiding Officer”, the words “Chairperson, Members” shall 
be substituted. 

44. In section 84 of the principal Act, for the words “Presiding Officer”, the words 
“Chairperson, Members” shall be substituted. 

45. After section 84 of the principal Act, the following sections shall be inserted, 
namely:— 



SBC. 1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


17 


“84 A. The Central Government may, for secure use of the electronic medium and Mo des or 

for promotion of e-governance and e-commerce, prescribe the modes or methods for methods for 

r , ° encryption, 

encryption. 


84B. Whoever abets any offence shall, if the act abetted is committed in Punishment 
consequence of the abetment, and no express provision is made by this Act for the f ° r abetment 
punishment of such abetment, be punished with the punishment provided for the of 0 ences ‘ 
offence under this Act. 


Explanation .—An act or offence is said to be committed in consequence of 
abetment, when it is committed in consequence of the instigation, or in pursuance of 
the conspiracy, or with the aid which constitutes the abetment. 

84C. Whoever attempts to commit an offence punishable by this Act or causes 
such an offence to be committed, and in such an attempt does any act towards the 
commission of the offence, shall, where no express provision is made for the punishment 
of such attempt, be punished with imprisonment of any description provided for the 
offence, for a term which may extend to one-half of the longest term of imprisonment 
provided for that offence, or with such fine as is provided for the offence, or with both.”. 

46. In section 87 of the principal Act,— 

(A) in sub-section (2),— 

(/) for clause (a), the following clauses shall be substituted, namely:— 

“(o) the conditions for considering reliability of electronic signature 
or electronic authentication technique under sub-section (2) of 
section 3A; 


Punishment 
for attempt 
to commit 
offences. 


Amendment 
of section 87. 


(aa) the procedure for ascertaining electronic signature or 
authentication under sub-section (3) of section 3A; 

(ab) the manner in which any information or matter may be 
authenticated by means of electronic signature under section 5;”; 

(/i) after clause (c), the following clause shall be inserted, namely:— 

“(cfl) the manner in which the authorised service provider may collect, 
retain and appropriate service charges under sub-section (2) of 
section 6A;”; 

(iii) for clause (e), the following clauses shall be substituted, namely:— 
“(e) the manner of storing and affixing electronic signature creation 
data under section 15; 


(ea) the security procedures and practices under section 16;”; 

(rv) in clause (/), for the words “and Assistant Controllers”, the words 
“, Assistant Controllers, other officers and employees” shall be substituted; 


(v) clause (g) shall be omitted; 

(v/) after clause (/n), die following clause shall be inserted, namely: 

u (ma) the form of application and fee for issue of Electronic Signature 
Certificate under section 35;”; 

(vii) after clause (o), the following clauses shall be inserted, namely:— 
“(oa) the duties of subscribers under section 40A; 

(ob) the reasonable security practices and procedures and sensitive 
personal data or information under section 43A;”; 

(v»0 in clause (r), for the words “Presiding Officer”, the words “Chairperson 
and Members” shall be substituted; 

(ix) in clause ( 5 ), for the words “Presiding Officer”, the words “Chairperson 
and Members” shall be substituted; 

(x) for clause (w), the following clauses shall be substituted, namely:— 

“(w) the powers and functions'of the Chairperson of the Cyber 
Appellate Tribunal under section 52A; 



18 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II— 


Amendment 
of section 90. 

Omission of 
sections 9!, 
92, 93 and 94 

Substitution 
of new 
Schedules for 
First Schedule 
and Second 
Schedule. 


0) the information, duration, manner and form of such information 
to be retained and preserved under section 67C; 

(y) the procedures and safeguards for interception, monitoring, or 
decryption under sub-section (2) of section 69; 

(z) the procedure and safeguards for blocking for access by the 
public under sub-section (2) of section 69A; 

(sa) the procedure and safeguards for monitoring and collecting 
traffic data or information under sub-section (3) of section 69B; 

(zb) the information security practices and procedures for protected 
system under section 70; 

(zc) manner of performing functions and duties of the agency under 
sub-section (3) of section 70A; 

(zd) the officers and employees under sub-section (2) of section 

70B; 

(ze) salaries and allowances and terms and conditions of service of 
the Director General and other officers and employees under sub¬ 
section (3) of section 70B; 

(zf) the manner in whcih the functions and duties of agency shall be 
performed under sub-section (5) of section 70B; 

(zg) the guidelines to be observed by the intermediaries under 
sub-section (2) of section 79; 

(zh) the modes or methods for encryption under section 84A;”; 

( B ) in sub-section (3),— 

(0 for the words, brackets, letter and figures “Every notification made by 
the Central Government under clause (/) of sub-section (4) of section 1 and 
every rule made by it”, the words “Every notification made by the Central 
Government under sub-section (/) of section 70A and every rule made by 
it” shall be substituted; 

(//) the words “the notification or” wherever they occur, shall be omitted. 

47. In section 90 of the principal Act, in sub-section (2), clause (c) shall be omitted. 


48. Sections 91,92,93 and 94 of the principal Act shall be omitted. 


49. For the First Schedule and the Second Schedule to the principal Act, the following 
Schedules shall be substituted, namely:— 


“FIRST SCHEDULE 


[See sub-section (4) of section 1 j 

Documents or transactions to which the Act shall not apply 


SI. No. 

Description of documents or transactions 


1. 

A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable 
Instruments Act, 1881. 

26 of 18X1 

2. 

A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882. 

7 of 1882 

3. 

A trust as defined in section 3 of the Indian Trusts Act, 1882. 

2 of 1882. 

4. 

A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925, 
including any other testamentary disposition by whatever name called. 

39 of 1925 

5. 

Any contract for the sale or conveyance of immovable property or any interest in 
such property 




Sec. 1] 


THE GAZETTE OF INDIA EXTRAORDINARY 


19 


THE SECOND SCHEDULE 


[See sub-section (1) of section 3 A] 

Electronic signature or electronic authentication technique and procedure 


SI. No. 

Description 

Procedure 

0) 

(2) 

(3) 


50. The Third Schedule and the Fourth Schedule to the principal Act shall be omitted. 


PART in 

Amendment of the Indian Penal Code 
45 of 1860. 51. In die Indian Penal Code— 


(а) in section 4,— 

(/) after clause ( 2 ), the following clause shall be inserted, namely:— 

“(5) any person in any place without and beyond India committing 
offence targeting a computer resource located in India.”; 

(if) for the Explanation, the following Explanation shall be substituted, 

namely:— 

‘Explanation. — In this section— 

(a) the word “offence” includes every act committed outside 
India which, if committed in India, would be punishable under this 
Code; 

(b) the expression “computer resource” shall have the meaning 
assigned to it in clause (k) of sub-section (7) of section 2 of the 

21 of 2000 . Information Technology Act, 2000.’; 

(б) in section 40, in clause (2), after the figure “117”, the figures and word “118, 
119 and 120” shall be inserted; 

(c) in section 118, for the words “voluntarily conceals, by any act or illegal 
omission, the existence of a design”, the words ‘"voluntarily conceals by any act or 
omission or by the use of encryption or any other information hiding tool, the existence 
of a design” shall be substituted; 

(d) in section 119, for the words “voluntarily conceals, by any act or illegal 
omission, the existence of a design”, the words “voluntarily conceals by any act or 
omission or by the use of encryption or any other information hiding tool, the existence 
of a design” shall be substituted; 

(e) in section 464, for the words “digital signature” wherever they occur, the 
words “electronic signature” shall be substituted; 


Omission of 
Third Schedule 
and Fourth 
Schedule. 


Amendment 
of Indian 
Penal Code. 

Amendment 
of section 4. 


Amendment of 
section 40. 

Amendment of 
section 118. 


Amendment of 
section 119. 


Amendment of 
section 464. 



20 


THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Sec. 1 ] 


Amendment 
of Indian 
Evidence Act. 

Amendment of 
section 3. 


Insertion of 
new section 
45A. 

Opinion of 
Examiner of 
Electronic 
Evidence. 


Amendment of 
section 47A. 


Amendment of 
section 67A. 

Amendment of 
section 85A. 

Amendment of 
section 85B 

Amendment of 
section 85C. 

Amendment of 
section 90A, 


PART IV 

Amendment ok the Indian Evidence Act, ] 872 
52. In the Indian Evidence Act, 1872,— 


(a) in section 3 relating to interpretation clause, in the paragraph appearing at 
the end, for the words “digital signature” and “Digital Signature Certificate”, the words 
“electronic signature" and “Electronic Signature Certificate” shall respectively be 
substituted; 

(b) after section 45, the following section shall be inserted, namely:— 


“45A. When in a proceeding, the court has to form an opinion on any 
matter relating to any information transmitted or stored in any computer resource 
or any other electronic or digital form, the opinion of the Examiner of Electronic 
Evidence referred to in section 79 A of the Information Technology Act, 2000, is 
a relevant fact. 

Explanation --For the purposes of this section, an Examiner of 
Electronic Evidence shall be an expert.”; 

(c) in section 47A,-- 

(/) for the words “digital signature”, the words “electronic signature” 
shall be substituted; 

(it) for the words “Digital Signature Certificate”, the words “Electronic 
Signature Certificate” shall be substituted; 

(d) in section 67A, for the words “digital signature” wherever they occur, the 
words “electronic signature” shall be substituted; 

(e) in section 85A, for the words “digital signature” at both the places where 
they occur, the words “electronic signature” shall be substituted; 

(f) in section 85B, for the words “digital signature” wherever they occur, the 
words “electronic signature” shall be substituted; 

(g) in section 85C, for the v/ords “Digital Signature Certificate”, the words 
“Electronic Signature Certificate” shall be substituted; 

(h) in section 90A, for the words “digital signature” at both the places where 
they occur, the words “electronic signature” shall be substituted; 


T. K. VISWANATHAN, 
Secy, to the Govt, of India. 


CORRIGENDUM 

to 

THE INDIAN BOILERS (AMENDMENT) ACT, 2007 
(No. 49 of 2007) 

In the Indian Boilers (Amendment) Act, 2007 (No. 49 of 2007), as published in the 
Gazette of India, Extraordinary. Part II, Section 1. dated the December 13,2007 (Issue No 
56),— 


At page 6, line 1 l,for “(6)”, read“(5A)”. 


PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI 
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2009. 

GMGIPMRND—734GI -6-2-2009. 


I of 1872. 


21 of 2000.