*[3A. Electronic Signature.-
(1) Notwithstanding anything contained in section
3, but subject to the provisions of subsection (2) a subscriber
may authenticate any electronic record by such electronic
signature or electronic authentication technique which-
(a) is considered reliable ; and
(b) may be specified in the Second Schedule
(2) For the purposes of this section any electronic signature
or electronic authentication technique shall be considered
reliable if
(a) the signature creation data or the authentication data
are, within the context in which they are used, linked to
the signatory or , as the case may be, the authenticator and
of no other person;
(b) the signature creation data or the authentication data
were, at the time of signing, under the control of the signatory
or, as the case may be, the authenticator and of no other
person;
(c) any alteration to the electronic signature made after
affixing such signature is detectable
(d) any alteration to the information made after its authentication
by electronic signature is detectable; and
(e) it fulfills such other conditions which may be prescribed.
(3) The Central Government may prescribe the procedure for
the purpose of ascertaining whether electronic signature is
that of the person by whom it is purported to have been affixed
or authenticated
(4) The Central Government may, by notification in the Official
Gazette, add to or omit any electronic signature or electronic
authentication technique and the procedure for affixing such
signature from the second schedule;
Provided that no electronic signature or authentication technique
shall be specified in the Second Schedule unless such signature
or technique is reliable
(5) Every notification issued under sub-section (4) shall
be laid before each House of Parliament.]
[*Inserted by Information Technology Amendment Act, 2008]
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