Section 3A Electronic signature
- Amendments
- 1
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... by such electronic signature or electronic authentication technique which—
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(a) is considered reliable; and
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(b) may be specified in the Second Schedule.
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if—
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(a) the signature creation dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or the authentication dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and to no other person;
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(b) the signature creation dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or the authentication dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(c) any alteration to the electronic signature made after affixing such signature is detectable;
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(d) any alteration to the informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... made after its authentication by electronic signature is detectable; and
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(e) it fulfils such other conditions which may be prescribed.
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated.
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the Second Schedule:
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable.
Section 3A inserted by Information Technology (Amendment) Act, 2008, s. 6, dated 5th February, 2009, with effect from 27 October 2009(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.