IT ACT 2008 PDF
further to amend the Indian Penal Code, Indian Evidence Act, ,, The Bankers ' Books (Amendment) Act herein after referred to as ITAA (2). Substituted by Information Technology (Amendment) Act, (10 of ), s. 3 for sub-s. 4. (w.e.f. ). Prior to its substitution, sub-s. THE INFORMATION TECHNOLOGY (AMENDMENT)ACT, No. 10 OF E 5th February, ) An Act further to amend the Information Technology Act.
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renamed as Information Technology (Amendment) Act herein after referred to as. ITAA 3. ecogenenergy.info Notification under IT(Amendment) Act, IT (Amendment) Act MB IT Act Rules for the Information Technology Act Notification under IT(Amendment) Act, IT (Amendment) Act ( KB) This pdf file is non accessible through use of Assistive.
In particular, and without prejudice to the generality of the foregoing power, such regulations can provide for all or any of the following matters, namely: the particulars relating to maintenance of data-base containing the disclosure record of every Certifying Authority; the conditions and restrictions subject to which the Controller can recognise any foreign Certifying Authority; the terms and conditions subject to which a licence to issue a ESC can be granted; other standards to be observed by a Certifying Authority; the manner in which the Certifying Authority will disclose the information pertaining to ESC, the certification there to, the details of the suspension or revocation of any ESC etc; the particulars of statement which will accompany an Certification of practice of a CA applying for licence to issue ESC; the manner in which the subscriber will communicate the compromise of private key to the certifying Authority.
The application will be in the form prescribed by the Central Government. The application shall be accompanied with the prescribed fee not exceeding twenty five thousand rupees, to be paid to the Certifying Authority. The fee could be different fees for different classes of applicants'.
In addition to the fees the application is also required to be accompanied with a certification practice statement or where there is no such statement, a statement containing such particulars, as may be required by regulations. The CA can consider such an application accompanied with the certification practice statement, and after making the necessary inquiry, as the CA deems fit, either grant the ESC or for reasons to be recorded in writing, reject the application.
The application can be rejected only after giving the applicant a reasonable opportunity of being heard.
The subscriber holds the private key corresponding to the public key, listed in the ESC; the subscriber holds a private key which is capable of creating a digital signature; 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; The subscriber's public key and private key constitute a functioning key pair, The information contained in the ESC is accurate; and it has no knowledge of any material fact, which if it had been included in the Electronic Signature Certificate would adversely affect the reliability of the representations made in clauses a to d.
The CA cannot suspend the ESC for a period more than 15 days, without providing the subscriber, a reasonable opportunity of being heard. The CA can also revoke the ESC upon the death of the subscriber, where the subscriber is an individual, or on dissolution, where the subscriber is a firm or on the winding up, where the subscriber is a corporate entity.
An ESC can be revoked by the CA with immediate effect, after giving the subscriber a reasonable opportunity of being heard if, the CA is of the opinion that a material misrepresentation or concealment of the facts in the ESC or for non fulfillment of any requirement which were pre-requisites for the issue of the ESC or where the CAs private key or security system has been compromised in a manner materially affecting the ESCs reliability or where the subscriber has been adjudged insolvent or on account of death, dissolution or winding-up or any other circumstances as a result of which the subscriber to the ESC ceases to exist.
Any suspension or revocation of ESCs is required to be published in the public repositories one or more as the case may be maintained by the CA. Further the subscriber shall perform such duties as may be prescribed. By accepting a ESC the subscriber certifies to all who reasonably rely on the information contained in the ESC that the subscriber holds the private key corresponding to the public key listed in the ESC and is entitled to hold the same.
Information Technology Amendment Act 2008 (IT Act 2008)
Furthermore all representations made by the subscriber to the CA and all material relevant to the information contained in the ESC are true to the best of his belief. If the private key is compromised, then, the subscriber will communicate the same forthwith to the CA in specified manner. The subscriber is liable for all events occurring as a result of the compromising of the private key from the time compromise upto the time he has informed the CA of the private key being compromised.
Note: Refer Notification G. Notified by the Central Government. A penalty imposed under this Act, if it is not paid, can be recovered as an arrear of land revenue and the license or the ESC, as the case may be, can be suspended till the penalty is paid. However the benefit of compounding will not be available to a person who has been previously convicted for the same or similar offence or who is liable to enhanced punishment.
No court can take cognizance of any of the above-mentioned offences unless the person aggrieved by the offence lodges a complaint. Only an officer of rank of a Deputy Superintendent of Police can investigate cognizable offences under this act.
When an officer in charge of a police station is given information pertaining to a non cognizable offence, he is required to record such information in such records as are prescribed by the State Government. The Officer who receives such information can exercise the same power of investigation except the power to arrest without warrant , as an Officer in charge of police station would have under section of code of criminal procedure.
Such appointment shall be made by CG. Person so appointed shall have adequate exp.
Technology and such legal and judicial experience as may be prescribed by CG. The adjucating officer shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crores.
In respect of claim for injury or damage exceeding rupees five crores, jurisdiction shall vest with the competent court. For the purpose of holding an inquiry and for the purposes of adjudication the Officer will have the powers of a civil court which are conferred oh the Cyber Appellate Tribunal under sub-section 2 of section All the proceedings held before the Adjudicating Officer will be deemed to be judicial proceedings within the meaning of sections and of the Indian Penal Code and for the purposes of sections and of the Code of Criminal Procedure, be deemed to be a civil court.
The Officer for the purpose of holding an inquiry, as prescribed by the Central Government, is required to give the person being accused of the contravention a reasonable opportunity for making representation in the matter.
If after giving such an opportunity the officer is of the opinion that such person has as alleged contravened the provisions of the Act, or any Rules, regulations and direction there under, can impose such penalty or award such compensation as he thinks fit in accordance with the provisions.
Such notification will also specify the matters and places in relation to which the Cyber Appellate Tribunal can exercise jurisdiction. The Chairperson and one or two Members shal constitute a Bench of the Tribunal. The Tribunal exercises its jurisdiction and all the powers, authority through such a Bench.
The Central Government has mandated that the Bench of the Tribunal will sit in New Delhi and at such places which the Central Government in consultation with the Chairperson may resolve.
Once having resolved where the Bench will be situated, the Central Government demarcates the areas where the Bench will exercise its jurisdiction notifies such resolution in the Official Gazette.
The Chairperson of the Tribunal can transfer the Member s from one Bench to another. Where the circumstances so merit, at any time before or in the course of a case or a matter, if the Chairperson or the Member of the Tribunal are of the view that the nature of the case or matter is such that it ought to be heard by a Bench consisting of more Members, the case can be transferred by the Chairperson to such a Bench as the Chairperson deems fit.
Only a person who is, or has been, or is qualified to be, a Judge of a High Court.
Information Technology Amendment Act 2008 (IT Act 2008)
Such a Member shall from amongst persons who posses special knowledge and professional experience in the field of Information Technology, Telecommunication, Industry, Management and Consumer Affairs.
The Government can only select the Members from the cadre of Central or State Government employees, holding the position of Additional Secretary for a period not less than 2 years or a Joint Secretary to the Government of India or an equivalent position with either the Central or the State Government for a period not less than 7 years.
Only a person who is a member of the Indian Legal Service and has held the position of an Additional Secretary for a period of one year or a Grade I post of the Legal Service for a period not less than 5 years, is qualified to be selected as the Judicial Members of the Tribunal. Before the appointment of the Chairperson and the Members of the Tribunal, the Central Government satisfies itself that the candidate is an independent person and a person of integrity who will not be interested either financially or in any other way, that may prejudicially influence his discharging of the functions of a Chairperson or as a Member of the Cyber Appellate Tribunal.
In addition to presiding over the meetings of the Tribunal the Chairperson exercises and discharges such functions and powers as are prescribed in this regards.
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The Chairperson distributes the business to a Bench of the Tribunal and directs the manner in which each matter will be dealt with. The Chairperson can also, on receipt of an application in this regards from any of the parties and after giving a notice to such parties and giving them a hearing as he deems proper or suo moto without such a notice, can transfer the matter from one Bench to another for its disposal.
If the Members of a Bench consisting of 2 Members differ in opinion on any point, they are required to state the point s that they differ on and refer the matter to the Chairperson. If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson of a Cyber Appellate Tribunal, then the Central Government is to appoint another person in accordance with the provisions of this Act to fill the said vacancy and the proceedings can be continued before the Cyber Appellate Tribunal from the stage at which the vacancy is filled.
The Chairperson of a Cyber Appellate Tribunal can, address to the Central Government his notice in writing, under his hand to resign his office. Unless a shorter period of relinquishment is permitted by the Central Government, the Chairperson can continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
The Central Government can remove the Chairperson from his office only by way of an order in writing on the grounds of proved misbehavior or incapacity after an inquiry. Such an inquiry can be made only by a Judge of the Supreme Court in which the Chairperson concerned has been informed of the charges against.
The Chairperson has to be given a reasonable opportunity of being heard in respect of these charges. The Central Government can, by rules, regulate the procedure for the investigation of misbehavior or incapacity of the aforesaid Chairperson.
The order of the Central Government appointing any person as the Chairperson or Member of a Cyber Appellate Tribunal and no act or proceeding before a Cyber Appellate Tribunal shall not be called in question in any manner on the ground merely of any defect in the constitution of a Cyber Appellate Tribunal.
The officers and employees of the Cyber Appellate Tribunal shall discharge their functions under general superintendence of the Presiding Officer. The salaries and allowances and other conditions of service of the officers and employees of the Cyber Appellate Tribunal shall be such as may be prescribed by the Central Government.
However no appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties. The appeal can be filed by the aggrieved person within a period of 45 days from the date of receipt of order in the prescribed form and accompanied by prescribed fee.
The Cyber Appellate Tribunal can entertain an appeal after the expiry of the said period of 45 days if it is satisfied that there was sufficient cause for not filing it within the prescribed period. The provisions of the Limitation Act, , will, as far as can be, apply to an appeal made to the Cyber Appellate Tribunal. The appeal filed before the Cyber Appellate Tribunal is to be dealt with by it as expeditiously as possible and an endeavor will be made by the Cyber Appellate Tribunal to dispose of the appeal finally within six months from the date of receipt of the appeal.
The appellant can either appear in person or through an authorized representative one or more legal practitioners or any of its officers, to present his or its case before the Cyber Appellate Tribunal.
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The Cyber Appellate Tribunal can, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. For the purposes of discharging its functions under this Act, the Cyber Appellate Tribunal has the same powers as are vested in a civil court under the Code of Civil Procedure, , while trying a suit, in respect of the following matters, namely:— summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents or other electronic records; receiving evidence on affidavits; issuing commissions for the examination of witnesses or documents; reviewing its decisions; dismissing an application for default or deciding it ex pane; any other matter which may be prescribed.
Every proceeding before the Cyber Appellate Tribunal is deemed to be a judicial proceeding within the meaning of sections and , and for the purposes of section of the Indian Penal Code and the Cyber Appellate Tribunal is deemed to be a civil court for the purposes of section and Chapter XXVI of the Code of Criminal Procedure, No Civil Court has the jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Cyber Appellate Tribunal constituted under this Act is empowered, by or under this Act, to determine and no injunction will be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Any delay in filing the appeal to the High Court can be condoned by the High Court, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
The compounded amount however cannot, in any case, exceed the maximum penalty imposable for the contravention under this Act. Where any contravention has been compounded, no proceeding or further proceeding, as the case may be, can be taken for the compounded offence. Once a contravention has been compounded, the same person cannot seek relief of compounding for the same or similar contraventions committed within a period of 3 years from the date of compounding.
The various offences and corresponding punishments are summarized and tabulated below with detailed explanation in the following paragraphs. Imprisonment up to seven years and possible fine. The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems.
If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.
The company had shut down a website over non-payment of dues. The owner of the site had claimed that he had already paid and complained to the police. The two men had to spend 6 days in Tihar jail waiting for bail.
Bhavin Turakhia, chief executive officer of directi. Ltd, owner of Delhi based Ecommerce Portal www.
Subrata Sengupta, the secretary of the housing society, was also arrested. Chidambaram , of corruption. Karti Chidambaram had complained to the police. Another year-old girl was arrested for "liking" the post.The appeal filed before the Cyber Appellate Tribunal is to be dealt with by it as expeditiously as possible and an endeavor will be made by the Cyber Appellate Tribunal to dispose of the appeal finally within six months from the date of receipt of the appeal.
The section came in the limelight mostly because of the infamous Intermediary Guidelines Rules, or IT Rules, which were made under it. Presently, the First schedule contains the following entries: A negotiable instrument other than cheque as defined in negotiable instrument Act, Section 66A of the Information Technology Amendment Act, prohibits the sending of offensive messages though a communication device i.
A trust as defined in Indian Trusts Act,