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    "Adjudicating Officer" Means An Adjudicating Officer Appointed Under

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    Sudip Patra
    The document defines key terms related to digital signatures and electronic governance in India such as adjudicating officer, certifying authority, cyber appellate tribunal, data, digital signature, intermediary, key pair, private key, public key, and digital signature certificate. It also summarizes sections of Indian law that establish the legal recognition of electronic records and signatures, set duties for subscribers of digital signature certificates, establish penalties for various cyber crimes, and define the composition and powers of the cyber appellate tribunal for hearing appeals related to electronic governance.

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    "Adjudicating Officer" Means An Adjudicating Officer Appointed Under

    Uploaded by

    Sudip Patra
    70 views5 pages
    The document defines key terms related to digital signatures and electronic governance in India such as adjudicating officer, certifying authority, cyber appellate tribunal, data, digital signature, intermediary, key pair, private key, public key, and digital signature certificate. It also summarizes sections of Indian law that establish the legal recognition of electronic records and signatures, set duties for subscribers of digital signature certificates, establish penalties for various cyber crimes, and define the composition and powers of the cyber appellate tribunal for hearing appeals related to electronic governance.

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    “Adjudicating Officer” Means an Adjudicating Officer Appointed Under…

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    The document defines key terms related to digital signatures and electronic governance in India such as adjudicating officer, certifying authority, cyber appellate tribunal, data, digital signature, intermediary, key pair, private key, public key, and digital signature certificate. It also summarizes sections of Indian law that establish the legal recognition of electronic records and signatures, set duties for subscribers of digital signature certificates, establish penalties for various cyber crimes, and define the composition and powers of the cyber appellate tribunal for hearing appeals related to electronic governance.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views5 pages

    "Adjudicating Officer" Means An Adjudicating Officer Appointed Under

    Uploaded by

    Sudip Patra
    The document defines key terms related to digital signatures and electronic governance in India such as adjudicating officer, certifying authority, cyber appellate tribunal, data, digital signature, intermediary, key pair, private key, public key, and digital signature certificate. It also summarizes sections of Indian law that establish the legal recognition of electronic records and signatures, set duties for subscribers of digital signature certificates, establish penalties for various cyber crimes, and define the composition and powers of the cyber appellate tribunal for hearing appeals related to electronic governance.

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    © All Rights Reserved
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    of 5

    adjudicating officer means an adjudicating officer appointed under sub-

    section (1) of section 46

    Certifying Authority means a person who has been granted a licence to issue
    a 5[electronic signature] Certificate under section 24;

    Cyber Appellate Tribunal means the Cyber Appellate Tribunal established


    under sub-section (1) of section 48;

    cyber security means protecting information, equipment, devices, computer,


    computer resource, communication device and information stored therein from
    unauthorised access, use, disclosure, disruption, modification or destruction;]

    data means are presentation 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 printouts, magnetic or optical storage media, punched
    cards, punched tapes) or stored internally in the memory of the computer;

    digital signature means authentication of any electronic record by a sub-


    scriber by means of an electronic method or procedure in accordance with the
    provisions of section 3;

    intermediary, with respect to any particular electronic records, means any


    person who on behalf of another person receives, stores or transmits that
    record or provides any service with respect to that record and includes tele-
    com service providers, network service providers, internet service providers,
    web-hosting service providers, search engines, online payment sites, online-
    auction sites, online-market places and cyber cafes

    key pair, in an asymmetric crypto system, means a private key and its
    mathematically related public key, which are so related that the public key can
    verify a digital signature created by the private key;

    private key means the key of a key pair used to create a digital signature;

    public key means the key of a key pair used to verify a digital signature and
    listed in the Digital Signature Certificate;

    DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

    S. 3. Authentication of electronic records


    (2) The authentication of the electronic record shall be effected by the use of
    asymmetric crypto system and hash function which envelop and transform
    the initial electronic record into another electronic record.

    For the purposes of this sub-section, hash function means an algorithm


    mapping or translation of one sequence of bits into another, generally
    smaller, set known as hash result

    (3) Any person by the use of a public key of the subscriber can verify the
    electronic record.

    (4) The private key and the public key are unique to the subscriber and
    constitute a functioning key pair.

    ELECTRONIC GOVERNANCE:

    S. 4. Legal recognition of electronic records.

    S. 5. Legal recognition of electronic signatures.

    S. 6. Use of electronic records and electronic signatures in Government


    and its agencies.

    S. 7. Retention of electronic records

    S. 7A. Audit of documents etc., maintained in electronic form.

    S. 8. Publication of rule, regulation, etc., in Electronic Gazette

    S. 9.document should be accepted in electronic form.

    S. 10. Power to make rules by Central Government in respect of


    23[electronic signature]

    S. 10A. Validity of contracts formed through electronic means.

    Digital Signature Certificate means a Digital Signature Certificate issued


    under sub-section (4) of section 35;

    S. 35 ,Certifying Authority to issue

    Any person may make an application to the Certifying Authority for the issue of
    a 47[Electronic Signature] Certificate in such form as may be prescribed by the
    Central Government.

    DIGITAL SIGNATURE CERTIFICATE ISSUING AUTHORITIES


    Some of the dealers are required to obtain Digital Signature Certificate from the
    appropriate certifying authority for making online application for the issue of
    CST related Forms and Way Bill. A list of such dealers has been displayed in
    this website.

    A licensed Certifying Authority (CA) issues the digital signature. At present the
    following organisations are authorised Certifying Authorities under CCA,
    Government of India.

    4. TCS

    5. MTNL

    6. Customs & Central Exercise

    7. e-Mudhra

    DUTIES OF SUBSCRIBERS

    S. 40. Generating key pair.

    S. 40A. Duties of subscriber of Electronic Signature Certificate.

    S. 41. Acceptance of Digital Signature Certificate.

    S. 42. Control of private key

    PENALTIES, COMPENSATION AND ADJUDICATION

    S. 43 :Penalty and compensation] for damage to computer, computer


    system, etc

    If any person without permission of the owner or any other person who is
    incharge of a computer, computer system or computer network

    (a) accesses or secures access to such computer,

    (b) downloads, copies or extracts any data.

    (c) introduces or causes to be introduced any computer contaminant

    (d) damages or causes to be damaged any computer,

    (e) disrupts or causes disruption of any computer,


    (g) provides any assistance to any person to facilitate access to a computer,

    (i) destroys,deletes or alters any information residing in a computer resourc.

    he shall be liable to pay damages by way of compensation to the person so


    affected-3 YEARS+5 LAKHS

    computer database means a representation of information, knowledge,


    facts, concepts or instructions in text, image, audio, video that are being
    prepared or have been prepared in a formalised manner or have been pro-
    duced by a computer, computer system or computer network and are in-
    tended for use in a computer, computer system or computer network;

    S. 43A. Compensation for failure to protect data

    S. 44. Penalty for failure to furnish information, return, etc

    S. 45. Residuary penalty.

    THE CYBER 66[*] APPELLATE TRIBUNAL

    S. 48. Establishment of Cyber Appellate Tribunal

    S. 49. Composition of Cyber Appellate Tribunal

    The Cyber Appellate Tribunal shall consist of a Chairperson and such number
    of other Members, as the Cen- tral Government may, by notification in the
    Official Gazette, appoint:

    (2) The selection of Chairperson and Members of the Cyber Appellate Tribunal
    shall be made by the Central Government in consultation with the Chief Justice
    of India.

    (a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may
    be exercise by the Branches thereof;

    (b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tri-
    bunal with one or two Members of such Tribunal as the Chairperson may deem
    fit;

    (c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and at
    such other places as the Central Government may,

    S. 50. Qualifications for appointment as Chairperson and Members of


    Cyber Appellate Tribunal
    (1) A person shall not be qualified for appointment as a Chair person of the
    Cyber Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge
    of a High Court.

    S. 51. Term of office, conditions of service, etc., of Chairperson and


    Members.

    1) The Chairperson or Member of the Cyber Appellate Tribunal shall hold of-
    fice for a term of five years from the date on which he enters upon his office or
    until he attains the age of sixty-five years, whichever is earlier.

    S. 52A. Powers of superintendence, direction, etc

    The Chairperson of the Cyber Appellate Tribunal shall have powers of general
    superintendence and directions in the conduct of the affairs of that Tribunal
    and he shall

    S. 52C. Power of Chairperson to transfer cases.

    S. 57. Appeal to Cyber Appellate Tribunal.

    1) Save as provided in sub-section (2), any person aggrieved by an order made


    by an adjudicating officer under this Act may prefer an appeal to a Cyber
    Tribunal having jurisdiction in the matter.

    S. 58. Procedure and powers of the Cyber Appellate Tribunal

    (1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down
    by the Code of Civil Procedure,

    S. 62. Appeal to High court

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