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Section 87(1) lets the Central Government make rules to carry out the provisions of the Act. Section 87(2) lists the matters on which rules may be made, clause by clause, each tied to a section. The text of the rules is not in the Act; of all rules under the Act, the sources used for this article...
Read Complete Guide →The Act extends to the whole of India and, save as otherwise provided in it, also applies to an offence or contravention committed outside India by any person. It does not apply to the documents and transactions listed in the First Schedule: a negotiable instrument other than a cheque, a...
Almost every provision of the Act turns on these words. "Computer resource" covers a computer, computer system, computer network, data, computer database or software. "Intermediary" is any person who, on behalf of another person, receives, stores or transmits an electronic record or provides a...
A digital signature is authentication of an electronic record by a subscriber by an electronic method or procedure in accordance with section 3. An electronic signature is authentication by the electronic technique specified in the Second Schedule and includes a digital signature. A Certifying...
Under section 3, any subscriber may authenticate an electronic record by affixing his digital signature, subject to the section. The authentication is effected by an asymmetric crypto system and hash function, which envelop and transform the initial electronic record into another electronic record...
A subscriber may authenticate an electronic record by an electronic signature or electronic authentication technique which is considered reliable and may be specified in the Second Schedule. A technique is reliable if it meets five tests: link to the signatory alone, control by the signatory alone...
Where "any law provides that information or any other matter shall be in writing or in the typewritten or printed form", the requirement is deemed to be satisfied if the information or matter is (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a...
Where a law requires a signature or a signed document, section 5 lets an electronic signature meet that requirement, "notwithstanding anything contained in such law". The condition is that the electronic signature is affixed in such manner as may be prescribed by the Central Government. The...
Under section 6, if a law requires filing a form, issue of a licence or approval, or receipt or payment of money in a particular manner, that is deemed satisfied when done by the electronic form prescribed by the appropriate Government. The appropriate Government may make rules on the manner and...
A legal requirement to retain documents, records or information for a specific period is satisfied by electronic retention if the information remains accessible, the record is kept in its original format or one that accurately represents it, and the details of origin, destination, date and time are...
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