Cyber Forensics - Laws & Rules

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Laws & Rules

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]

THE INFORMATION TECHNOLOGY ACT (Act 21 of 2000) (9th Jun, 2000)

An Act to provide legal recognition carried out by means of electronic date interchange and other means of electronic communication, commonly referred to as "electronic commerce" which involve the use of alternative to paper-based methods
of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.

Whereas the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law; And Whereas the said resolution recommends inter alia that all States give favourable consideration to the said Model Law when they enact or revise their laws,in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and storage of information;

And Whereas it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records.

Be it enacted Parliament in the Fifty-first Year of the Republic of India as follows: -

INFORMATION TECHNOLOGY ACT, 2000

CHAPTER I : PRELIMINARY Details

1. Short title, extent, commencement and application
2. Definition

CHAPTER II : DIGITAL SIGNATURE Details

1. Authentication of electronic records

CHAPTER III : ELECTRONIC GOVERNANCE Details

1. Legal recognition of electronic records
2. Legal recognition of digital signatures
3. Use of electronic records and digital signatures in Government and its agencies
4. Retention of electronic records
5. Publication of rule, regulation, etc., in Electronic Gazette
6. Section 6, 7, and 8 not to confer right to insist document should be accepted in electronic form
7. Power to make rules by Central Government in respect of digital signature

CHAPTER IV : ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS Details

1. Attribution of electronic records
2. Acknowledgement of receipt
3. Time and place of despatch and receipt of electronic record

CHAPTER V : SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES Details

1. Secure electronic records
2. Secure digital signature
3. Security procedure

CHAPTER VI : REGULATION CERTIFYING AUTHORITIES Details

1. Appointment of Controller and other officers
2. Functions of Controller
3. Recognition of foreign Certifying Authorities
4. Controller to act as repository
5. Licence to issue Digital Signature Certificates
6. Application for licence
7. Renewal of licence
8. Procedure for grant or rejection of licence
9. Suspension of licence
10. Notice of suspension or revocation of licence
11. Power to delegate
12. Power to investigate contraventions
13. Access to computers and data
14. Certifying Authority to follow certain procedures
15. Certifying Authority to ensure compliance of the Act, etc.
16. Display of licence
17. Surrender of licence
18. Disclosure

CHAPTER VII : DIGITAL SIGNATURE CERTIFICATES Details

1. Certifying Authority to issue Digital Signature Certificate
2. Representation upon issuance of Digital Signature Certificate
3. Suspension of Digital Signature Certificate
4. Revocation of Digital Signature Certificate
5. Notice of suspension or revocation

CHAPTER VIII : DUTIES OF SUBSCRIBERS Details

1. Generating key pair
2. Acceptance of Digital Signature Certificate
3 Control of private key

CHAPTER IX : PENALTIES AND ADJUDICATION Details

1. Penalty of damage of computer, computer system, etc.
2. Penalty for failure to furnish information, return, etc.
3. Residuary penalty
4. Power to adjudicate
5. Factors to be taken into account by the adjudicating officer

CHAPTER X : THE CYBER REGULATIONS APPELLATE TRIBUNAL Details

1. Establishment of Cyber Appellate Tribunal
2. Composition of Cyber Appellate Tribunal
3. Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal
4. Term of officer
5. Salary, allowances and other terms and conditions of service of Presiding Officer
6. Filling up of vacancies
7. Resignation and removal
8. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
9. Staff of the Cyber Appellate Tribunal
10. Appeal to Cyber Appellate Tribunal
11. Procedure and powers of the Cyber Appellate Tribunal
12. Right to legal representation
13. Limitation
14. Civil court not to have jurisdiction
15. Appeal to High Court
16. Compounding of contraventions
17. Recovery of penalty

CHAPTER XI: OFFENCES Details

1. Tampering with computer source documents
2. Hacking with computer system
3. Publishing of information which is obscene in electronic form
4. Power of Controller to give directions
5. Directions of Controller to a subscriber to extend facilitates to decrypt information
6. Protected system
7. Penalty for misrepresentation
8. Penalty for breach of confidentiality and privacy
9. Penalty for publishing Digital Signature Certificate false in certain particulars
10. Publication for fraudulent purpose
11. Act to apply for offence or contravention committed outside India
12. Confiscation
13. Penalties or confiscation not to interfere with other punishments
14. Power to investigate offences

CHAPTER XII : NETWORK SERVICE PROVIDERS NOT BE LIABLE IN CERTAIN CASES. Details

1. Network service providers not to be liable in certain cases

CHAPTER XIII : MISCELLANEOUS Details
1. Power of police officer and other officers to enter, search, etc.
2. Act to have overriding effect
3. Controller Deputy Controller and Assistant Controller to by pubic servants
4. Power to give directions
5. Protection of action taken in good faith
6. Offences by companies
7. Removal of difficulties
8. Power of Central Government to make rules
9. Constitution of Advisory Committee
10. Power of Controller to make regulations
11. Power of State Government to make rules
12. Amendment of Act 45 of 1860
13. Amendment of Act 1 of 1872
14. Amendment of Act 18 of 1891
15. Amendment of Act 2 of 1934