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| IT
act 2000 in India |
Chapter II
DIGITAL SIGNATURE
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3. Authentication of electronic records. |
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1) Subject to the provisions of this section
any subscriber may authenticate an electronic record
by affixing his digital signature.
2)The authentication of the electronic record
shall be effected by the use of asymmetric crypto system
and hash function which envelop and transform the initial
electronic record into another electronic record.
Explanation.
-For the purposes of this sub-section,
"hash function" means an algorithm mapping or translation
of one sequence of bits into another, generally smaller,
set known' as "hash result" such that an electronic
record yields the same hash result every time the algorithm
is executed with the same electronic record as its input
making it computationally infeasible-
(a) to derive or reconstruct
the original electronic record from the hash result produced
by the algorithm;
(b) that two electronic
records can produce the same hash result using the algorithm.
(c) Any person by the
use of a public key of the subscriber can verify the electronic
record.
(d) The private key and
the public key are unique to the subscriber and constitute
a functioning key pair.
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Chapter III
ELECTRONIC GOVERNANCE
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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. |
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 (hen, 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.
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6. Use of electronic records and digital signatures
in Government and its agencies. |
7. Retention of electronic records.
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(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, date and time of despatch
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.
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8. Publication of rule, regulation, etc., in Electronic
Gazette. |
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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.
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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.
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10. Power to make rules by Central Government in respect
of digital signature.
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The Central Government may, for the purposes of this Act,
by rules, prescribe-
(a) the type of digital
signature;
(b) the manner and format
in which the digital signature shall be affixed;
(c) the manner or procedure
which facilitates identification of the person affixing
the digital 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 digital signatures.
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(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
licence, 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
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