Section 70B Indian Computer Emergency Response Team to serve as national agency for incident response
- Chapter
- XI · Offences
- Amendments
- 2
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(1) The Central Government shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian ComputerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... Emergency Response Team.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(2) The Central Government shall provide the agency referred to in sub-section (1) with a Director-General and such other officers and employees as may be prescribed.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(3) The salary and allowances and terms and conditions of the Director-General and other officers and employees shall be such as may be prescribed.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(4) The Indian ComputerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... Emergency Response Team shall serve as the national agency for performing the following functions in the area of cyber security,—
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(a) collection, analysis and dissemination of 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... on cyber incidents;
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(b) forecast and alerts of cyber security incidents;
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(c) emergency measures for handling cyber security incidents;
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(d) coordination of cyber incidents response activities;
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(e) issue guidelines, advisories, vulnerability notes and white papers relating to 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... security practices, procedures, preventation, response and reporting of cyber incidents;
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(f) such other functions relating to cyber security as may be prescribed.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(5) The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(6) For carrying out the provisions of sub-section (4), the agency referred to in sub-section (1) may call for 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... and give direction to the service providers, intermediaries, 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 ... centres, body corporate and any other person.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(7) Any service provider, intermediaries, 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 ... centres, body corporate or person who fails to provide 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... called for or comply with the direction under sub-section (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakhSubstituted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023. Earlier read: "one lakh"one crore rupees or with both.
Section 70B inserted by Information Technology (Amendment) Act, 2008, s. 36, dated 5th February, 2009, with effect from 27 October 2009(8) No court shall take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in sub-section (1).