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Section 28 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 54 of the Information Technology Act, 2000 replaces references to "Presiding Officer" with "Chairperson or the Member" wherever they occur, aligning the provision with the designated tribunal office-holders.
Section 27 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 53 of the Information Technology Act, 2000 is amended by substituting "Chairperson or Member, as the case may be," for "Presiding Officer." The revised wording replaces the earlier singular designation with an office-specific reference applicable to the Chairperson or Member concerned.
Section 26 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 26 replaces the framework governing the Cyber Appellate Tribunal. The Tribunal comprises a Chairperson and appointed Members, with selection by the Central Government in consultation with the Chief Justice of India. Its jurisdiction may be exercised through one- or two-Member Benches constituted by the Chairperson, who may transfer Members and matters, distribute business and exercise general superintendence. Eligibility standards govern the Chairperson, specialist Members and Judicial Members; office is limited to five years or age sixty-five, subject to conflict-of-interest safeguards. A two-Member Bench's disagreement is decided by majority after reference to the Chairperson.
Section 25 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 48(1) of the Information Technology Act, 2000 is amended by omitting the word "Regulations".
Section 24 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Chapter X of the Information Technology Act, 2000 is revised by omitting the word "REGULATIONS" from its heading. The change is confined to the chapter heading and modifies the formal title used to identify the Chapter. No alteration to substantive provisions, powers, procedures, or legal obligations within Chapter X is specified.
Section 23 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 46 allocates jurisdiction over injury or damage claims by claim value: the adjudicating officer may adjudicate claims not exceeding five crore rupees, while claims exceeding that threshold vest in the competent court. Directions or orders are limited to those creating liability for penalty or compensation. The adjudicating officer is deemed a civil court solely for purposes of Order XXI of the Code of Civil Procedure, 1908.
Section 22 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 43A establishes compensation liability where a body corporate handling sensitive personal data or information in a computer resource it owns, controls, or operates negligently fails to implement and maintain reasonable security practices and procedures. Liability arises where that negligence causes wrongful loss or wrongful gain to any person, requiring payment of damages by way of compensation to the affected person.
Section 21 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 43 expands conduct attracting damages to include destruction, deletion, or alteration of information in a computer resource and acts diminishing its value, utility, or integrity. It also covers intentional stealing, concealment, destruction, or alteration of computer source code. Damages are payable by way of compensation to the affected person, and computer source code includes programme listings, commands, design and layout, and programme analysis.
Section 20 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Chapter IX of the Information Technology Act, 2000 is retitled as "Penalties, Compensation and Adjudication", incorporating compensation within the scope indicated by the chapter heading.
Section 19 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 40A establishes duties of a subscriber in relation to an Electronic Signature Certificate. The subscriber's obligations are subject to prescribed requirements, with the particular duties to be specified through such prescription rather than set out within section 40A itself.
Section 18 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 36 adds requirements for the relationship between a subscriber's private key and the public key listed in a digital signature certificate. The subscriber must hold a private key capable of creating a digital signature, while the listed public key must be capable of verifying a signature created through that private key.
Section 17 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 17 modifies sub-section (4) of section 35 of the Information Technology Act, 2000. It omits the first proviso and replaces "Provided further" with "Provided" in the second proviso, aligning the remaining proviso's introductory language with its position after the omission.
Section 16 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 16 amends section 34(1)(a) of the Information Technology Act, 2000 by omitting wording describing a certificate as containing the public key corresponding to the private key used by a Certifying Authority to digitally sign another Digital Signature Certificate. The specified public-key content requirement is thereby removed from the clause.
Section 15 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 30 is amended by removing the conjunction after the existing function in clause (c) and inserting functions for maintaining a repository of all Electronic Signature Certificates issued under the Information Technology Act, 2000, and publishing information on certificate practices, certificates, and their current status. The changes establish centralised certificate recordkeeping and public availability of current certificate-related information.
Section 14 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 29(1) is amended by replacing the reference to contraventions of the Act, rules and regulations made under it with a reference confined to contraventions of the relevant Chapter. The provision's scope is thereby anchored to contraventions within that Chapter rather than contraventions under the Act generally or under subordinate rules and regulations.
Section 13 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
The Information Technology (Amendment) Act, 2008 omits section 20 from the Information Technology Act, 2000. The amendment is confined to deletion of that provision and does not specify a replacement provision, qualification, transitional arrangement, or separate operative mechanism. The legal change consists solely of the omission of section 20 from the principal Act.
Section 12 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 17 of the Information Technology Act, 2000 is amended in subsections (1) and (4) to include other officers and employees alongside Assistant Controllers. The amendment broadens the statutory personnel categories expressly covered by the relevant wording in both subsections while retaining Assistant Controllers within those provisions.
Section 11 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Secure electronic signatures require signature-creation data to be under the signatory's exclusive control when the signature is affixed and to be stored and used in the prescribed exclusive manner. In digital signatures, such data is the subscriber's private key. The Central Government may prescribe security procedures and practices for secure electronic records and signatures, having regard to commercial circumstances, transaction nature and related factors.
Section 10 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 12(1) of the Information Technology Act, 2000 replaces the phrase "agreed with the addressee" with "stipulated", altering the wording governing the relevant condition under that provision.
Section 9 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Electronic contracts formed through electronic communications or electronic records for proposals, acceptances, or revocations cannot be deemed unenforceable solely because electronic means were used. Section 10A accords legal validity to the electronic mode of contract formation.