2. Definitions.- (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" means adjudicating officer
appointed under subsection (1) of section 46;
(d) "Affixing Electronic Signature" with its grammatical
variations and cognate expressions means adoption of any methodology
or procedure by a person for the purpose of authenticating
an electronic record by means of Electronic Signature;
(e) "Appropriate Government" means as respects any
matter.
(i) enumerated in List II of the Seventh Schedule to the
Constitution;
(ii) relating to any State law enacted under List III of
the Seventh Schedule to the Constitution, the State Government
and in any other case, the Central Government;
(f) "Asymmetric Crypto System" means a system of
a secure key pair consisting of a private key for creating
a digital signature and a public key to verify the digital
signature;
(g) "Certifying Authority" means a person who has
been granted a license to issue a Electronic Signature Certificate
under section 24;
(h) "Certification Practice Statement" means a
statement issued by a Certifying Authority to specify the
practices that the Certifying Authority employs in issuing
Electronic Signature Certificates;
*(ha) "Communication Device" means Cell Phones,
Personal Digital Assistance (Sic), or combination of both
or any other device used to communicate, send or transmit
any text, video, audio, or image. [*Inserted by Information
Technology Amendment Act, 2008]
(i) "Computer" means any electronic, magnetic, optical
or other high-speed data processing device or system which
performs logical, arithmetic, and memory functions by manipulations
of electronic, magnetic or optical impulses, and includes
all input, output, processing, storage, computer software,
or communication facilities which are connected or related
to the computer in a computer system or computer network;
*(j) "Computer Network" means the interconnection
of one or more Computers or Computer systems or Communication
device through-
(i) the use of satellite, microwave, terrestrial line, wire,
wireless or other communication media; and
(ii) terminals or a complex consisting of two or more interconnected
computers or communication device whether or not the interconnection
is continuously maintained;
[*Clause J substituted by Information Technology Amendment
Act, 2008]
(k) "Computer Resource" means computer, communication
device, computer system, computer network, data, computer
database or software;
(l) "Computer System" means a device or collection
of devices, including input and output support devices and
excluding calculators which are not programmable and capable
of being used in conjunction with external files, which contain
computer programmes, electronic instructions, input data,
and output data, that performs logic, arithmetic, data storage
and retrieval, communication control and other functions;
(m) "Controller" means the Controller of Certifying
Authorities appointed under subsection (7) of section 17;
(n) "Cyber Appellate Tribunal" means the Cyber
Appellate Tribunal established under sub-section (1) of section
48.
*(na) “Cyber Café” means any facility
from where access to the internet is offered by any person
in the ordinary course of business to the members of the public.
[*Inserted by Information Technology Amendment Act, 2008]
*(nb) "Cyber Security" means protecting information,
equipment, devices, computer, computer resource, communication
device and information stored therein from unauthorized access,
use, disclosure, disruption, modification or destruction.
[*Inserted by Information Technology Amendment Act, 2008]
(o) "Data" means a representation of information,
knowledge, facts, concepts or instructions which are being
prepared or have been prepared in a formalized 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;
(p) "Digital Signature" means authentication of
any electronic record by a subscriber by means of an electronic
method or procedure in accordance with the provisions of section
3;
(q) "Digital Signature Certificate" means a Digital
Signature Certificate issued under sub-section (4) of section
35;
(r) "Electronic Form" with reference to information
means any information generated, sent, received or stored
in media, magnetic, optical, computer memory, micro film,
computer generated micro fiche or similar device;
(s) "Electronic Gazette" means official Gazette
published in the electronic form;
(t) "Electronic Record" means data, record or data
generated, image or sound stored, received or sent in an electronic
form or micro film or computer generated micro fiche;
*(ta) "electronic signature" means authentication
of any electronic record by a subscriber by means of the electronic
technique specified in the second schedule and includes digital
signature; [*Inserted by Information Technology Amendment
Act, 2008]
(tb) "Electronic Signature Certificate" means an
Electronic Signature Certificate issued under section 35 and
includes Digital Signature Certificate" [*Inserted by
Information Technology Amendment Act, 2008]
(u) "Function", in relation to a computer, includes
logic, control, arithmetical process, deletion, storage and
retrieval and communication or telecommunication from or within
a computer;
(ua) "Indian Computer Emergency Response Team" means
an agency established under sub-section (1) of section 70
B
*(v) "Information" includes data, message, text,
images, sound, voice, codes, computer programmes, software
and databases or micro film or computer generated micro fiche;
[*Amended by Information Technology Amendment Act, 2008]
*(w) "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 telecom
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. [*Substituted by by Information Technology
Amendment Act, 2008]
(x) "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;
(y) "Law" includes any Act of Parliament or of a
State Legislature, Ordinances promulgated by the President
or a Governor, as the case may be. Regulations made by the
President under article 240, Bills enacted as President's
Act under sub-clause (a) of clause (1) of article 357 of the
Constitution and includes rules, regulations, bye-laws and
orders issued or made there under
(z) "License" means a license granted to a Certifying
Authority under section 24;
(za) Originator" means a person who sends, generates,
stores or transmits any electronic message or causes any electronic
message to be sent, generated, stored or transmitted to any
other person but does not include an intermediary;
(zb) Prescribed" means prescribed by rules made under
this Act;
(zc) Private Key" means the key of a key pair used to
create a digital signature;
(zd) Public Key" means the key of a key pair used to
verify a digital signature and listed in the Digital Signature
Certificate;
(ze) Secure System" means computer hardware, software,
and procedure that -:
(a) are reasonably secure from unauthorized access and misuse;
(b) provide a reasonable level of reliability and correct
operation;
(c) are reasonably suited to performing the intended functions;
and
(d) adhere to generally accepted security procedures;
(zf) "Security Procedure" means the security procedure
prescribed under section 16 by the Central Government;
(zg) "Subscriber" means a person in whose name the
Electronic Signature Certificate is issued;
(zh) "Verify" in relation to a digital signature,
electronic record or public key, with its grammatical variations
and cognate expressions means to determine whether
(a) the initial electronic record was affixed with the digital
signature by the use of private key corresponding to the public
key of the subscriber;
(b) the initial electronic record is retained intact or has
been altered since such electronic record was so affixed with
the digital signature.
(2) Any reference in this Act to any enactment or any provision
thereof shall, in relation to an area in which such enactment
or such provision is not in force, be construed as a reference
to the corresponding law or the relevant provision of the
corresponding law, if any, in force in that area.
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