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Chapter I : Preliminary
Chapter II : Digital Signature
Chapter III : Electronic Governance
Chapter IV : Attribution, Acknowledgment And Despatch Of Electronic Records
Chapter V : Secure Electronic Records And Secure Digital Signatures
ChapterVI : Regulation Certifying Authorities
Chapter VII : Digital Signature Certificates
Chapter VIII : Duties
Of Subscribers
Chapter IX : Penalties And Adjudication
ChapterX : The Cyber Regulations Appellate Tribunal
Chapter XI : Offences
Chapter XII : Network Service Providers Not Be Liable In Certain Cases.
Chapter XIII : Miscellaneous
The First Schedule : Amendment To The Indian Penal Code (See Section 91)(45 Of
1860]
The Second Schedule: Amendments To The Indian Evidence Act, 1872 (See Section
92) [1 Of 1872]
The Third Schedule : Amendments To The Bankers' Books Evidence Act, 1891 (See
Section 93) [18 Of 1891]
The Fourth Schedule : Amendment To The Reserve Bank Of India Act, 1934 (See
Section 94) [2 Of 1934]
CHAPTER XIII : MISCELLANEOUS
1. Power of police officer and other officers to enter, search, etc.
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973,
any police officer, not below the rank of a Deputy Superintendent of Police,
or any
other officer of the Central Government or a State Government authorised
by the
Central Government in this behalf may enter any public place and search
and arrest
without warrant any person found therein who is reasonably suspected or
having
committed or of committing or of being about to commit any offence under
this Act.
Explanation.- For the purpose of this sub-section, the expression "public
place"
includes any public conveyance, any hotel, any shop or any other place
intended for
use by, or accessible to the public.
(2) Where any person is arrested under sub-section (1) by an officer other
than a
police officer, such officer shall, without unnecessary delay, take or
send the person
arrested before a magistrate having jurisdiction in the case or before
the officer-incharge
of a police station.
(3) The provisions of the Code of Criminal Procedure, 1973 shall, subject
to the
provisions of this section, apply, so far as may be, in relation to any
entry, search or
arrest, made under this section.
2. Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything
inconsistent
therewith contained in any other law for the time in force.
3. Controller Deputy Controller and Assistant Controller to by pubic
servants
The Presiding Officer and other officers and employees of a Cyber Appellate
Tribunal,
the Controller, the Deputy Controller and the Assistant Controllers shall
be deemed
to be public servants within the meaning of section 21 of the Indian Penal
Code.
4. Power to give directions
The Central Government may give directions to any State Government as
to the
carrying into execution in the State of any of the provisions of this
Act or of any rule,
regulation or order made thereunder.
5. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central
Government, the State Government, the Controller or any person acting
on behalf of
him, the Presiding Officer, adjudicating officers and the staff of the
Cyber Appellate
Tribunal for anything which is in good faith done or intended to be done
in pursuance
of this Act or any rule, regulation or order made thereunder.
6. Offences by companies
(1) Where a person committing a contravention of any of the provisions
of this Act
or of any rule, direction or order made thereunder is a company, every
person who,
at the time the contravention was committed, was in charge of, and was
responsible
to, the company for the conduct of business of the company as well as
the company,
shall be guilty of the contravention and shall be liable to be proceeded
against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person
liable to punishment if he proves that contravention took place without
his
knowledge or that he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention
of any of the provisions of this Act or of any rule, direction or order
made thereunder
has been committed by a company and it is proved that the contravention
has taken
place with the consent or connivance of, or is attributable to any neglect
on the part
of, any director, manager, secretary or other officer of the company,
such director,
manager, secretary or other officer shall also be deemed to be guilty
of the
contravention and shall be liable to be proceeded against and punished
accordingly. Explanation.- For the purposes of this section.-
(i) "company" means any body corporate and includes a firm or
other association
of individuals; and
(ii) "director" in relation to a firm, means a partner in the
firm.
7. Removal of difficulties
(1) If any difficulty arises in giving effect to provisions of this Act,
the Central
Government may, by order published in the Official Gazette, make such
provisions
not inconsistent with the provisions of this Act as appear to it to be
necessary or
expedient for removing the difficulty :
Provided that no order shall be made under this section after the expiry
of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may
be after it is
made, before each House of Parliament.
8. Power of Central Government to make rules
(1) The Central Government may, by notification in the Official Gazette
and in the
Electronic Gazette make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power,
such rules any provide for all or any of the following matters, namely
:-
(a) the manner in which any information or matter may be authenticated
by
means of digital signature under section 5;
(b) the electronic form in which filing, issue, grant or payment shall
be effected
under sub-section (1) of section 6;
(c) the manner and format in which electronic records shall be filed,
or issued
and the method of payment under sub-section (2) of section 6;
(d) the matters relating to the type of digital signature, manner and
format in
which it may be affixed under section 10;
(e) the security procedure for the purpose of creating secure electronic
record
and secure digital signature under section 16;
(f) the qualifications, experience and terms and conditions of service
of
Controller, Deputy Controller and Assistant Controllers under section
17;
(g) other standards to the observed by the Controller under clause (b)
of subsection
(2) of section 20;
(h) the requirements which an applicant must fulfil under sub-section
(2) of
section 21;
(i) the period of validity of licence granted under clause (a) of sub-section
(3)
of section 21;
(j) the form in which an application for licence may be made under sub-section
(1) of section 22;
(k) the amount of fees payable under clause (c) of sub-section (2) of
section
22;
(l) such other documents which shall accompany an application for licence
under clause (d) of sub-section (2) of section 22;
(m) the form and the fee for renewal of a licence and the fee payable
thereof
under section 23;
(n) the form in which application for issue of a Digital Signature Certificate
may
be made under sub-section (1) of section 35;
(o) the fee to be paid to the Certifying Authority for issue of a Digital
Signature
Certificate under sub-section (2) of section 35;
(p) the manner in the adjudicating officer shall hold inquiry under sub-section
(1) of section 46;
(q) the qualification and experience which the adjudicating officer shall
possess
under sub-section (3) of section 46;
(r) the salary, allowances and the other terms and conditions of service
of the
Presiding Officer under section 52;
(s) the procedure for investigation of misbehaviour or incapacity of the
Presiding officer under sub-section (3) of section 54;
(t) the salary and allowances and other condition of service of other
officer and
employees under sub-section (3) of section 56;
(u) the form in which appeal may be filed and the fee thereof sub-section
(3) of
section 57;
(v) any other power of a civil court required to be prescribed under clause
(g)
of sub-section (2) of section 58;
(w) any other matter which is required to be, or may be, prescribed.
(3) Every notification made by the Central Government under clause (f)
of subsection (4) of section 1 and every rule made by it shall be laid, as soon as may
be
after if is made, before each House of Parliament, while it is in session,
for a total
period of thirty days which may be comprised in one session or in two
or more
successive sessions, and if, before the expiry of the session immediately
following
the session or the successive sessions aforesaid, both House agree in
making any
modification in the notification or the rule or both House agree that
the notification
or the rule should not be made, the notification or the rule shall thereafter
have
effect only in such modified form or be of no effect, as the case may
be; so,
however, that any such modification or annulment shall be without prejudice
to the
validity of anything previously done under that notification or rule.
9. Constitution of Advisory Committee
(1) The Central Government shall, as soon as may be after the commencement
of
this Act, constitute a Committee called the Cyber Regulation Advisory
Committee.
(2) The Cyber Regulation Advisory Committee shall consists of a Chairperson
and
such number of other official and non-official members representing the
interests
principally affected or having special knowledge of the subject-matter
as the Central
Government may deem fit.
(3) The Cyber Regulation Advisory Committee shall advise-
(a) the Central Government either generally as regards any rules or for
any
other purpose connected with this Act;
(b) the controller in framing the regulations under this Act.
(4) There shall be paid to the non-official members of such Committee
such
travelling and other allowances as the Central Government may fix.
10. Power of Controller to make regulations
(1) The Controller may, after consultation with the Cyber Regulation Advisory
Committee and with the previous approval of the Central Government, by
notification
in the Official Gazette, make regulations consistent with this Act and
the rules made
thereunder to carry out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power,
such regulations may provide for all or any of the following matters,
namely :-
(a) the particulars relating to maintenance of data-base containing the
disclosure record of every Certifying Authority under clause (m) of section
18;
(b) the conditions and restrictions subject to which the Controller may
recognise any foreign Certifying Authority under sub-section (1) of section
19;
(c) the term and conditions subject to which a licence may be granted
under
clause (c) of sub-section (3) of section 21;
(d) other standards to be observed by a Certifying Authority under clause
(d) of
section 30;
(e) the manner in which the Certifying Authority shall disclose the matters
specified in sub-section (1) of section 34;
(f) the particulars of statement which shall accompany an application
under
sub-section (3) of section 35;
(g) the manner in which the subscriber shall communicate the compromise
of
private key to the certifying Authority under sub-section (2) of section
42.
(3) Every regulation made under this Act shall be laid, as soon as may
be after it
is made, before each House of Parliament, while it is in session, for
a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following
the session or
the successive sessions aforesaid, both House agree in making any modification
in
the regulation or both House agree that the regulation should not be made,
the
regulation shall thereafter have effect only in such modified form or
be of no effect,
as the case may be; so, however, that any such modification or annulment
shall
without prejudice to the validity of anything previously done under that
regulation.
11. Power of State Government to make rules
(1) The State Government may, by notification in the Official Gazette,
make rules
to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power,
such rules may provide for all or any of the following matters, namely
:-
a) the electronic form in which filing, issue, grant receipt or payment
shall be
effected under sub-section (1) of section 6;
(b) for matters specified in sub-section (2) of section 6;
(c) any other matter which is required to be provided by rules by the
State
Government.
(3) Every rule made by the State Government under this sections shall
be laid, as
soon as may be after it is made, before each House of the State Legislature
where it
consists of two House, or where such Legislature consists of one House,
before that
House.
12. Amendment of Act 45 of 1860
The Indian Penal Code shall be amendment in the manner specified in the
First
Schedule to this Act.
13. Amendment of Act 1 of 1872
The Indian Evidence Act, 1872 shall be amended in the manner specified
in the
Second Schedule to this Act.
14. Amendment of Act 18 of 1891
The Bankers' Books Evidence Act, 1891 shall be amended in the manner specified
in
the Third Schedule to this Act.
15. Amendment of Act 2 of 1934
The Reserve Bank of India Act, 1934 shall be amended in the manner specified
in the
Fourth Schedule to this Act.
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