20. (1) The Controller shall be the repository of all Digital Signature Certificates issued under this Act. (2) The Controller shall- (a) make use of hardware, software and procedures that are secure .iJm intrusion and misuse; (b) observe such other standards as may be prescribed by the Central Government, to ensure that the secrecy and security of the digital signatures are assured. (3) The Controller shall maintain a computerised data base of all public keys in such... ... ...

19. (1) Subject to such conditions and restrictions as may be specified by regulations, the Controller may with the previous approval of the Central Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a Certifying Authority for the purposes of this Act. (2) Where any Certifying Authority is recognised under sub-section (1), the Digital Signature Certificate issued by such Certifying Authority shall be valid for the purposes of... ... ...

18. The Controller may perform all or any of the following functions, namely :- (a) exercising supervision over the activities of the Certifying Authorities; (b) certifying public keys of the Certifying Authorities; (c) laying down the standards to be maintained by the Certifying Authorities; (d) specifying the qualifications and experience which employees of the Certifying Authorities should possess; (e) specifying the conditions subject to which... ... ...

17. (1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers and Assistant Controllers as it deems fit. (2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government. (3) The Deputy Controllers and Assistant Cont... ... ...

16. The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including- (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; (a) the availability of alternatives offered to but rejected b... ... ...

15. If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was- (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signa... ... ...

14. Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. =============... ... ...

13. (1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator. (2) Save as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined as follows, namely :- (a) if the addressee has designated a computer resource for the purpose of receiving electronic records,- (i) receipt occu... ... ...

12. (1) Where the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by- (a) any communication by the addressee, automated or otherwise; or (b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. (2) Where the originator has stipulated that the electronic record shall be ... ... ...

11. An electronic record shall be attributed to the originator- (a) if it was sent by the originator himself; (b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or (c) by an information system programmed by or on behalf of the originator to operate automatically. =============... ... ...

10. The Central Government may, for the purposes of this Act, by rules, prescribe- (a) the type of digital signature; (b) the manner and format in which the digital signature shall be affixed; (c) the manner or procedure which facilitates identification of the person affixing the digital signature; (d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and (e) any other ma... ... ...

9. Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form. =============... ... ...

8. Where any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette: Provided that where any rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette,... ... ...

7. (1) Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if- (a) the information contained therein remains accessible so as to be usable for a subsequent reference; (b) the electronic record is retained in the format in which it was originally generated, sent or received or in a fo... ... ...

6. (1) Where any law provides for- (a) the filing of any form. application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner; (b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; (c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being... ... ...

5. Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (hen, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government. Explanation.- For the purposes of this section, "signe... ... ...

4. Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is- (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference. =============... ... ...

3. (1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. (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. Explanation.- For the purposes of this sub-section, "hash function" means an algorithm mapping or translation of one seque... ... ...

RITU BAHRI AND MANISHA BATRA JJ. Mr. Prakash Shah, Advocate with Mr. Adarsh, Advocate for the petitioner. Mr. Sourabh Goel, Senior Standing Counsel, CBIC for respondents No. 1, 5 and 6. Mr. Saurabh Kapoor, Addl.A.G., Punjab. Mr. Chetan Mittal, Sr. Advocate with Mr. Vivek Singla, Advocate and Mr. Himanshu Gupta, Advocate for respondents No. 3 and 4. ORDER Learned counsel for the petitioners has handed over a recent judgment of Hon'ble Supreme Court passed in Civil Appeal D... ... ...

2. (1) In this Act, unless the context otherwise requires, - (a) "access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network; (b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary; (c) "adjudicating officer" m... ... ...