CHAPTER-4 SILENT FEATURE OF INFORMATION TECHNOLOGY ACT 2000

Silent feature of information technology act 2000

  • · Legal recognition to e-commerce

  • · Recognize record kept in electronic form

  • · Provide legal recognition to digital signature

  • · Cyber law appellate tribunal has been set up to hear appeal against adjudication authority

  • · No application to negotiable instrument power of attorney trust will be will end any contract for sale conveyance of immovable property

  • · act applies to any cyber offence for contravention committed outside India by the person irrespective of his/ her nationality

  • · As provided under section 90 of the act the state government may by notification in official gazette make rule to carry out the provision of the act

  • · SEBI had announced that reading to security on the internet will be valid in India Act amendment Act 2008.

AIM AND OBJECT OF THE INFORMATION TECHNOLOGY ACT 2000

main aims and objective of the information technology act 2000 suitably amend existing law in India to facilitate E-Commerce provide legal recognition of electronic records and digital signature and electronic data interchange EDI and business contract regulates body to supervise certifying authority issuing Digital Certificate /digital signature certificate and prevent misuse of e-business transactions related e-governance electronic records and digital signature and to encourage the use and acceptance of electronic records and digital signature in government officials and agencies. to make consequently amended in Indian Penal Code 1860 and the Indian Evidence Act 1872 provided to necessary changes in various provision which deals with the offence relating to document and paper-based transaction tournament to amend the Reserve Bank of India Act 1934 and bank and the banker book Evidence Act 1891 to make a law tune with model law and electronic, United Nation commission and international trade law UNCITRAL adopted by the General Assembly to resolution on 30 January 1997.


VARIOUS AUTHORITY UNDER ITS ACT

CERTIFYING AUTHORITIES

a system of digital signature of an electronic communication per suppose that the sender must create a public-private key pair the private key which kept confidential is used by the signer to create the digital signature the public which more widely known as it is used by relying party to verify the digital signature to associate a key pair with the certifying prospective signer the certifying authority issue the certificate to the subscribe section 35 certifying authority section 17to 30 expected reliable identify person applying for the signature key certificate verifying digital signature application of the certifying authority are also set out in Act of section 34 -34.


APPOINTMENT OF THE CONTROLLER of certifying authorities appointed by the central government by issuing a notification to this effect in the official get Deputy controller and the assistant controller may be appointed as a central government team deems fit subject to direct control and direction of the central government supervision and control.


FUNCTION OF CONTROLLER important function in it at the controller of the certifying authority role in public infrastructure is indispensable he acts as a central controlling body. Exercising supervision over the activities of the certifying authority. Certifying public keys of the certifying authorities. Standard to maintain.


POWER OF THE CONTROLLER the controller of the certifying authority is a chief administrator and act as a Watchdog for the certifying authority.


· POWER TO FOREIGN CERTIFYING AUTHORITIES

· POWER TO ISSUE LICENCE

· POWER TO RENEW LICENCE

· POWER TO SUSPEND OR REVOKE LICENCE

· POWER TO DELGATE AND INVESTIGATE

· POWER TO HAVE ACCESS THE COMPUTER AND DATA

· POWER TO ISSUE DIRECTION

· POWER TO DECRYPT INFORMATION

ADJUDICATION OFFICER Adjudication officer the central government has power to appoint one or more adjudication officer the adjudication officers of pointed shall not be below the rank of director to the Government of India or an equivalent officer of the state government. Experience in the field of Information Technology and legal or judicial experience as may be prescribed by the central government. adjudication officer shall conduct any enquiry will be prescribed by the central government and where more than 1 adjudication officer are appointed by the central government the adjudication officer shall not make any final decision.

POWER OF THE EDUCATION OFFICER same power as vested in a civil court under the code of procedure act 1908 summoning examine him on oath. Discovery and production of document. Receiving evidence and affidavits. Issuing Commission examination of witnesses or documents. Reviewing its decision dismissing an application for default.


REGISTRAR POWER FUNCTION AND DUTIES register of the cyber appellate Tribunal is the custodian of the record of the Tribunal. Presiding officer of the Tribunal he shall exercise all power assigned to him under the rule of by the presiding officer of Tribunal .presiding officer following power and duty namely .receive all applications .decide all question arising out of application present to the Tribunal. Direction to the Tribunal fixe the date of hearing .order grant of a copy of documents. All matter relating to the service of notice. Receive and dispose of the application by the party from Return of the document.

DUTY OF THE CERTIFYING AUTHORITIES the nature of the internet technology and the transaction over it have assigned a pivotal role of certifying authority. Meticulously and diligently follow procedure every certificate authority has to maintain a trustworthy sister that means that itself make use of hardware software and procedure that are secured from intrusion and misuse


CERTIFYING AUTHORITY MAINTAINED TRUSTWORTHY SYSTEM information originality of data. Availability of the information and the sources maintain and protect the system ensure that system security and operation should not be e made dependent upon a single person to prevent loss in cases any eventually failure of the primary security measures.

· system security depend upon the nature of the job certifying authority off in the time Stamping service me bi need to trust for the System different from the one required by the certifying authorities showing the digital signature certificate.


THE CYBER REGULATION APPEALLATE TRIBUNAL

Section 48 ESTABLISHMENT OF CYBER APPELLATE TRIBUNAL the central government shall by notification establish one or more appellate Tribunal to be known as the cyber regulation appellate Tribunal cyber appellate Tribunal main exercise solution jurisdiction


SECTION 49 COMPOSITION OF CYBER APPELLATE TRIBUNAL a cyber Appellate Tribunal shall consist of one person only appointed by notification by central Govt


SECTION 50 QUALIFICATION FOR APPOINTMENT AS PRESIDING OFFICER of the cyber appellate Tribunal judges of High Court are member of the Indian legal service holding or has held a post of grade one of the service for the last 3 years


SECTION 51 TERM OF OFFICE term of the office 5 years for age of 65 years whichever is early

SECTION 54 -REGISTRATION AND REMOVAL

writing under his hand address to Central Government resign his office .Central Government to relinquish his office Sooner continued to hold office until to expiry of 3 months from the date of the notice .removed from his office except by the order by the central government on the ground of proved misbehavior or incapacity after an enquiry made by judges of the supreme court. .Central Government maybe rules regulate the procedure for the investigation of his misbehavior or incapacity of the aforesaid presiding officer.


SECTION 57 APPEAL TO CYBER APPELLATE TRIBUNAL any person aggravated by an order made by the controller for adjudicating officer under the act may prefer and appeal to Cyber Appellate Tribunal having jurisdiction in the matter. No appeal shall cyber appellate Tribunal from and order made by an adjudicating officer with the consent of the party. every appeal under the subsection 1 shall be filed within the period of 45 days from the date on which copy of the order made by controller or adjudication officer is received by the person aggravated and it shall be in such form and be accompanied by such fee as may be prescribed .appeal after the expiry of the said period of 45 days if it is satisfied that there was a sufficient cause for not filing within that period.


SECTION 58 PROCEDURE AND POWER 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, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.


(2) The Cyber Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely –


(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) any other matter which may be prescribed.


Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196of the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.


59. RIGHT TO LEGAL REPRESENTATION.-The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Cyber Appellate Tribunal.


60 Limitation The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an appeal made to the Cyber Appellate Tribunal. 61 Civil court not to have jurisdiction No court shall have jurisdictions 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 shall 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. 62 Appeal to High Court Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order : Provided that the High Court may, 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. PENALTIES AND ADJUDICATION

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