CORRIGENDUM to (No. 49 of 2007) THE INDIAN BOILERS (AMENDMENT) ACT, 2007 In the Indian Boilers (Amendment) Act, 2007 (No. 49 of 2007), as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the December 13, 2007 (Issue No. 56),- At page 6, line 17, for"(6)", read"(5A)". =============... ... ...

PART IV AMENDMENT OF THE INDIAN EVIDENCE ACT, 1872 . 52. In the Indian Evidence Act, 1872(1 of 1872),- Amendment of section 3. (a) in section 3 relating to interpretation clause, in the paragraph appearing at the end, for the words "digital signature" and "Digital Signature Certificate", the words "electronic signature" and "Electronic Signature Certificate" shall respectively be substituted; Insertion of new section 45A. (b) after section 45, the following section shall be ... ... ...

PART III AMENDMENT OF THE INDIAN PENAL CODE . 51. In the Indian Penal Code(45 of 1860)- Amendment of section 4. (a) in section 4,- (i) after clause (2), the following clause shall be inserted, namely :- "(3) any person in any place without and beyond India committing offence targeting a computer resource located in India."; (ii) for the Explanation, the following Explanation shall be substituted, namely :- 'Explanation.- In this ... ... ...

. 50. The Third Schedule and the Fourth Schedule to the principal Act shall be omitted. =============... ... ...

. 49. For the First Schedule and the Second Schedule to the principal Act, the following Schedules shall be substituted, namely :- "FIRST SCHEDULE [See sub-section (4) of section 1] DOCUMENTS OR TRANSACTIONS TO WHICH THE ACT SHALL NOT APPLY S.No. Description of documents or transactions 1. A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881(26 of 1881). 2. A power-of-attorney as defined in section 1A of the ... ... ...

. 48. Sections 91, 92, 93 and 94 of the principal Act shall be omitted. =============... ... ...

. 47. In section 90 of the principal Act, in sub-section (2), clause (c) shall be omitted . =============... ... ...

. 46. In section 87 of the principal Act, (A) in sub-section (2),- (i) for clause (a), the following clauses shall be substituted, namely :- "(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter ... ... ...

. 45. After section 84 of the principal Act, the following sections shall be inserted, namely :- Modes or methods for encryption. "84A. The Central Government may, for secure use of the electronic medium and for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption. Punishment for abetment of offences. 84B. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provis... ... ...

. 44. In section 84 of the principal Act, for the words "Presiding Officer", the words "Chairperson, Members" shall be substituted. =============... ... ...

. 43. In section 82 of the principal Act,- (a) for the marginal heading, the following marginal heading shall be substituted, namely :- "Chairperson, Members, officers and employees to be public servants."; (b) for the words "Presiding Officer", the words "Chairperson, Members" shall be substituted. =============... ... ...

. 42. In section 81 of the principal Act, the following proviso shall be inserted at the end, namely :- "Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957(14 of 1957) or the Patents Act, 1970(39 of 1970).". =============... ... ...

. 41. In section 80 of the principal Act, in sub-section (1), for the words "Deputy Superintendent of Police", the word "Inspector" shall be substituted. =============... ... ...

. 40. For Chapter XII of the principal Act, the following Chapters shall be substituted, namely :- 'CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES Exemption from liability of intermediary in certain cases. 79. (1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made availa... ... ...

. 39. In section 78 of the principal Act, for the words "Deputy Superintendent of Police" the word "Inspector" shall be substituted. =============... ... ...

. 38. For section 77 of the principal Act, the following sections shall be substituted, namely: Compensation, penalties or confiscation not to interfere with other punishment. "77. No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. Compounding of offences. 77A. A court of competent jurisdiction m... ... ...

. 37. After section 72 of the principal Act, the following section shall be inserted, namely :- Punishment for disclosure of information in breach of lawful contract. "72A. Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or k... ... ...

. 36. After section 70 of the principal Act, the following sections shall be inserted, namely :- National nodal agency. "70A. (1) The Central Government may, by notification published in the Official Gazette, designate any organisation of the Government as the national nodal agency in respect of Critical Information Infrastructure Protection. (2) The national nodal agency designated under sub-section (1) shall be responsible for all measures including Research and D... ... ...

. 35. In section 70 of the principal Act,- (a) for sub-section (1), the following sub-section shall be substituted, namely: "(1) The appropriate Government may, by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system. Explanation.- For the purposes of this section, "Critical Information Infrastructure" means the computer resource, the inc... ... ...

. 34. For section 69 of the principal Act, the following sections shall be substituted, namely :- Power to issue directions for interception or monitoring or decryption of any information through any computer resource. '69. (1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in t... ... ...