Section No
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II.
DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE (amended
vide ITAA 2008) |
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3 |
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Authentication of
Electronic Records |
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(1) |
Subject to the
provisions of this section any subscriber may authenticate an
electronic record by affixing his Digital Signature |
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(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 sequence of bits into another,
generally smaller, set known as "Hash Result" such that an
electronic record yields the same hash result every time the
algorithm is executed with the same electronic record as its
input making it computationally infeasible
(a) |
to derive or
reconstruct the original electronic record from the
hash result produced by the algorithm; |
(b) |
that two
electronic records can produce the same hash result
using the algorithm. |
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(3) |
Any person by the use
of a public key of the subscriber can verify the electronic
record. |
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(4) |
The private key and the
public key are unique to the subscriber and constitute a
functioning key pair. |
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3A |
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Electronic Signature (Inserted vide
ITAA 2006) |
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(1) |
Notwithstanding
anything contained in section 3, but subject to the provisions
of sub-section (2), a subscriber nay 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
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(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.
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(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 |
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(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
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(5) |
Every notification issued under
sub-section (4) shall be laid before each House of Parliament |
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