‘Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani Introduction to Cyberspace Two decades ago, the term cyberspace seemed right out of a science fiction movie. In the second decade of the twenty-first century, cyberspace is probably the place where most of us spend a major part of our lives. It has become an inseparable element of our existence. What is Cyberspace? We have all scen that technology is a great leveler. Using technology, we ereated machine-clones ~ computers, which are high-speed data processing devices. They can also manipulate electrical, magnetic, and optical impulses to perform complex arithmetic, memory, and logical functions. The power of one computer is the power of all connected computers termed of-network or the internet. Cyberspace is ae amie and virtual space that such networks of machine-clones creafe.)In other words, cyberspace“is the Web of consumer electronics, computers, and communications network which interconnect the w ond) asa networ History of Cyberspace In 1984, Wiliam Gibson published his science fiction book — Necromancer, which describes an online world of computers and elements of the s The word cyberspace first appeared in this book. ciety who use these computers. In the book, a hacker of databases stole data for a fee. The author portrayed cyberspace as a three- dimen: Also, a network of computers creates this space. jonal virtual a ndseape, According to him, cyberspace looked like a physical space but was actually a computergout! ion. Also, it represented abstract data.e book caught the imagination of many writers and or English langu rding to the New Oxford Dictionary of English, ‘CyberSpace’ is the notional environment in which people communicate over computer networks. Since cyberspace is a virtual space, it has no boundaries, mass, or gravity. It simply represents the interconnected space between computers, systems, and other networks. Itexists in the form of bits and bytes ~ zeroes and ones (0s and 1's). In fact, the entire cyberspace is a dynamic environment of 0’s and I’s which changes every second. These are simply electronic impulses. Also, it is an imaginary location where the words of two or more parties meet in conversation. ¢ dietionariesintroduced the word ‘cyberspace’. A Cyberspace vs. Physical World Firstly, cyberspace is a digital medium and not a physical space. It is an interactive world and is not a copy of the physical world, Here are some differences between cyberspace and the physical world:Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani Physical World Cyberspace Static, well-defined, and incremental Dynamic, undefined, and exponential Has fixed contours Is as vast as the human imagination and has no fixed shape Ina human brain, there are countless neurons which create a spectre of life. Similarly, the cyberspace represents millions of computers creating a spectre of digital or virtual life. Therefore, cyberspace is a natural extension of the physical world into an infinite world. Cyber Security and Cyber Laws As technology evolved, the need to regulate human behavior evolved too, Cyber laws came into existence in order to ensure that people use technology and avoid its misuse. If an individual commits an act whieh violates the rights of a person in the erspace, then it is treated as a cyberspace violation and punishable under the provisions of the cyber laws. Since the cyberspace is completely different from the physical world, traditional laws are tot Applicable here. In order to provide cyber security to users, the government introduced several cyber laws. When the internet was designed and developed, the developers had no idea that it would have the potential of growing to such great an extent Today, many people are using the internet for illegal and immoral activities which need regulation, In the eyberspace things like money lnunderingy identity theftyterrorism; te, have created a need for stringent laws to enhance cybersecurity. Additionally, many technologically qualified criminals like hackers interfere with internet accounts through the Domain Name Server (DNS), IP address, phishing, etc. and gain unauthorized access to a user’s computer system and steal data. While there is no clear definition of cyber law, it is broadly the legalsubject whieh emanated from the development of technology. innovation of computers, use of the internet, ete. Cyber Law Cyber Law It is not as distinct as the Property Law or other such laws since it covers many areas the law and regulation. It encompasses the legal, statutory, and constitutional provisions which affect computers and iienworks. Further, it concerns itself with individuals, and institutions which: \© Play an important part in providing access to cyberspace © Create hardware or software which allows people to access cyberspace © Use their own computers and enter cyberspaceStudy Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani Cyber Law is a Everything concemed with or related to or of the citizens in the eybersp: . there which e |. The Indian Penal Code. 1860 12 The Information Technology Act, 2000 NFORMATION TECHNOLOGY ACT, 2000: AIMS AND OBJECTS-OVERVIEW OF THE ACT n the ambit of eyber laws. sure cyber security: Information Technology Act, 2000. The Information Technology Act, 2000 or ITA, 2000 or IT Act, was notified on October 17, 2000. Itis the law that i i i In 1996, the “model law on clectronic commerce (e-commerce) to countries. Further, the General Assembly of the United Nations recommended that all countries must consider this model law before making changes to their own laws. India became the 12th country to enable While the first draft was created by the Ministry of Commerce, Government of India as the E~ Commerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999", and passed in May 2000. the Objectives of the Act The Information Technology Act, 2000 provides legal recognition to the transaction done’ via ‘leetronie exchange of dat and other clectronie means of communication or electronic commerce, transactions. This also involves the use of altematives to a paper-based method of communication and The objectives of the Act are as follows: Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of communication or e-commerce, in place of the earlier paper-based method of communication. Give i icatic f any information ormatters requiring legal authentication Facilitate the electronic filing of documents with Government agencies and also departments iii, Facilitate the a iv, Gein sn a ie so aio ts bet ween banks and financial institutions y. Grant sii 1 and the Reserve Bank of Id a 950 for ae the books of accounts in electronic form.Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani Features of the Information Technology Act, 2000 (Brief) a) Allclectronic contracts made through secure electronic channels are legally valid. b. ©. d. Legal recognition for digital signatures. Security measures for electronic records and also digital signatures are in place A for the for is finalized . Further, this tribunal will made against the order of the Controller or Adjudicating Officer. An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court and regulate the working of Certifying Authorities. The Controller to act asa repository of a digital signatures. The Act applies to offences or contraventions committed outside India Senior police officers and other officers can enter any public place and search and arrest without warrant Information Technology Act- An Overview Information Technology Act, 2000 is principally based on the UNCITRAL Model Law. Its ion cons deat to te Snes nei Move Low while enacting or revising their laws so tha ity of law applicable to the alternatives to the paper-based methods of communication and storage of information is achieved. Its other object isto promote efficient It, therefore, provides for: * Weezimesenttionaiaeispnzmations carried ont and other means for electronic communication commonly which ainnnanageiae ee and storage of information; + Facilitating electronic filing of documents with the Government agencies and for matters connected therewith or incidental thereto. Electronic Commerce - Better way of doing business The use of modern means of communication such as electronic mail and electronic data interchange (EDI) for the conduct of intemational I trade has been increasing rapidly. business. It requires new skills, strategies and technologies. However, the communication of legally significant information in the form of paperless messages may be hindered by legalStudy Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani obstacles to the use of such messages, or by uncertainty to their legal effect and validity. The ‘Reammmdenma gga wet bes For doing business, we require a buyer and a seller. We also require some agency to bring them together and transact business. In the case of E-commerce, it is Internet Service Provider (ISP). We also require a legal system to enable contractual relationship enforceable. Buyers and sellers are mainly concemed with enforceability of the contract, security and confidentiality of message and transactions. ISP is concemed with its liabili obligations. The modern means of communication electronic mail and electronic data interchange for the conduct of international trade transactions are different from the traditional means. Computer-based information and paper-based documentation make the difference. The traditional means depend upon ‘written", “signed” or “original” documents. The modern means is a paperless regime. Steeped as we are in the traditional way of doing business that ragged assurance about the confidentiality, authenticity and integrity our communication which paper-based documentation assures. A legal System is, therefore, needed to deal with such concems. There was, therefore a need for Information Technology Act. The existing legislation implicitly imposes or implies restrictions on the use of modem means of communication, by prescribing the use of "written", “signed”, or original" documents, Though certain aspects of electronic commerce are permitted, there was no legislation dealing with electronic commerce as a whole. In its absence, uncertainty existed as to the legal nature and the validity of information presented in the form other than traditional paper document. The , therefore functional equivalent and is iti expressions as “signed” “written”, “documents”, “evidence”, etc. as common to the law based on paper-based communication to paperless transactions and communication. The functions served by a paper document are to: + Provide that a document is legible by all; + Provide that document remains unaltered overtime; + Allow for reproduction of a document so that each party holds a copy of the same data; Allow for authentication of data by means of signature; + Provide that a document is in a form which is acceptable to public authorities and courts. The Information Technology Act ensures the above-mentioned functions of the paper. Electronic records provide the same level of security and in some case, a higher degree of reliability and speed, especially with regard to identification of the source and content of the data. The Act gives legal recognition to electronic records and digital signature. The Information technology Act, 2000, allows enactment of cyber laws to regulate electronic communications, trade and commerce and prevent computer crimes. Based on the Model Law on Electronic Commerce adopted by the UN in January, 1997, the Act has three keyStudy Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani elements: replacement of those geriatric legislations that continue, by default, to govern the IT sector; to enable e-commerce to commence in India; and, to control fast-expanding cyber crimes. It envisages legalising electronic signatures on the Net, sanctify credit card transactions and boost e-commerce. It will also amend the Banking Regulation Act, the Indian Evidence Act and the Indian Penal Code to bring in line with the new law and recognise the existence of e-commerce. Such a change is necessary so that contracts can be enforced. With the companies increasingly using internet to link with their vendors and with other businesses, a proper legal framework is essential. Information Technology Act - Certification and monitoring For the purpose of overseeing the implementation of its various provisions, the Act sets up an elaborate machinery. Various certification authorities have been set up in order to oversee licensing, certification and monitoring, for licensing, monitoring. A regulator has been appointed to oversee these certification authorities. The authorities monitor and oversee issues like jurisdiction, origin, authentication, privacy protection and intellectual property, computer crimes via information highway. A controller has been appointed to enable the Government to monitor and regulate activities like creating web pages, advertisements, bulletin board and most importantly, e-commerce originating from the country. A Cyber Appellate Tribunal has also been set up which hears appeals from the decisions of the Controller and the adjudicating officers on alleged crimes. Information Technology Act - Filing of documents with Government agencies The IT Act enables Government departments and ministries to accept, filing, creating and retention of documents in the form of electronic record. The Government departments are free to specify the format under which these documents have to be stored. Information Technology Act - Prevention of Crimes The Act provides for liability to pay compensation for unauthorized access to computer, network and database. It seeks to punish a person who makes misrepresentation or suppresses any material fact to the Controller, of the IT activities or indulges in hacking. The It Act facilitates simple things like filing FIR with the police through e-mail and several such simple but different transactions Changes in IPC & IEA ‘The Indian Penal Code, 1860 The Indian Penal Code was amended by inserting the word ‘electronic’ thereby treating the electronic records and documents on a par with physical records and documents. The sections dealing with false entry in a record or false document ete. (e.g. 192, 204, 463, 464, 468 to 470, 471, 474, 476 etc.) have since been amended as ‘electronic record and electronic document’ and thereby bringing within the ambit of IPC. After the amendment, the investigating agencies file the cases/charge-sheet quoting the relevant sections from IPC under section 463, 464, 468 and 469 read with the ITA/ITAA under Sections 43 and 66 like offences to ensure the evidence and/or punishment can be covered and proved under either of these under both legislations.‘Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani Indian Evidence Act, 1872 Under the normal circumstances, secondary evidence is not admissible in the court of law. But, the electronic documents including computer print-outs which are not original are admissible in the court of law due to the amendment to Section 65 (B) of Indian Evidence Act. For the admission of print out etc., the system administrator has to issue a certificate as stipulated in the Section 65 (B) of IEA. The conditions prescribed in the Section require the computer to be in regular, lawful and routine usage. It also requires the ensuring of raw data feed to be regular; and computer operation should have been normal. Derived information produced in court is subject to the ordinary course of operations. If more than one computer is produced as evidence, all computers or evidence contained in them, shown during the court proceedings should be certificated by the Administrator. Prior to enactment of ITA, all evidences in a court were in the physical form only, After existence of ITA, the electronic records and documents were recognized, The definition part of Indian Evidence Act was amended as “all documents including clectronic records” were substituted. The important amendment was scen by recognition of admissibility of electronic records as evidence as enshrined in Section 65B of the Act. Further, this act amended the Indian Penal Code 1860, > the Indian Evidence Act 1872, the Bankers* Books Evidence Act 1891, 4 and the Reserve Bank of India Act 1934. Amendments in Indian Penal Code, 1860 with reference to Information Technology Act, 2000 1. After section 29, the following section shall be inserted, namely:~ "29 A. Electronic record.- The words "electronic record" shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000". 2. In section 167, for the words “such public servant, charged with the preparation or translation of any document, frames or translates that document", the words "such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record” shall be substituted. 3. In section 172, for the words "produce a document in a Court of Justice”, the words “produce a document or an clectronic record in a court of Justice" shall be substituted. 4. In section 173, for the words "to produce a document in a Court of Justice” , the words "to produce a document or electronic record in Court of Justice" shall be substituted. 5. In section 175, for the word "document" at both the places where it occurs, the words “document or electronic record” shall be substituted.‘Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani 6. Insection 192, for the words "makes any false entry in any book or record, or makes any document containing a false statement”, the words "makes any false entry in any book or record, or electronic record or makes any document or electronic recording containing a false statement " shall be substituted. 7. In section 204, for the word "document" at both the places where it occurs, the words “document or electronic record" shall be substituted. 8. In section 463, for the words "Whoever makes any false documents or part ofa document with intent to cause damage or injury", the words "Whoever makes any false documents or false electronic record or party of a document or electronic record, with intent to cause damage or injury" shall be substituted. 9. In section 464, - (a) for the portion beginning with the words "A person is said to make a false document" and ending with the words "by reason of deception practiced upon him, he does not know the contents of the documents or the nature of the altcration", the following shall be substituted, namely: (a) makes, sign, seals or executes a document or part ofa document; (b) makes or transmits any electronic record or part of any electronic record; (©) affixes any digital signature on any electronic record; (d) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority or a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or aftixed; or Secondly- who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature cither by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly: - Who dishonestly or fraudulently causes any person, sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration". (b) after Explanation 2, the following Explanation shall be inserted at the end, namely: - ‘Explanation 3.~ For the purposes of this section, the expres: n “affixing digital signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000. 10. In section 466, - (@) for the words "Whoever forges a document”, the words "Whoever forges a document or an electronic record" shall be substituted.Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani (b) the following Explanation shall be inserted at the end, namely:- Explanation- For the purposes of this section, "register" includes any list, data or record of nay entries maintained in the electronic for as defined in clause ( r) of sub-section (1) of section? of the Information Technology Act, 2000. 11. In section 468, for the words "document forged" , the words "document or electronic record forged” shall be substituted. 12. In section 469, for the words "intending that the document forged”, the words "intending that the document or electronic record forge" shall be substituted. 13. In section 470, for the word "document" in both the places where it occurs, the words “document or electronic record" shall be substituted. In section 471, for the word “document” whenever it occurs, the words "document or electronic record” shall be substituted 14. In section 474, for the portion beginning with the words "Whoever has in his possession any document" and ending with the words " if the document is one of the description mentioned in section 466 of this Code" the following shall be substitute, namely:- “Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as a genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code." 15. In section 476, for the words " any documet record” shall be substituted, 16. In section 47a, for the words "book, paper, writing" at both the places where they occur, the words "book, electronic record, paper, writing ” shall be substituted. the words “any document or electronic Amendments in Indian Evidence Act, 1872 with reference to Information Technology Act, 2000. 1. Insection 3,- (a) in the definition of "Evidence’, for the words "all document produced for the inspection of the Court", the words "all documents including electronic records produced for the inspection of the Court" shall be substituted ; (b) after the definition of "India, the following shall be inserted, namely:~ ‘the expressions "Certifying Authority", digital signature", “Digital Signature Certificate", electronic form", “electronic records”, "information", "secure electronic record”, "secure digital signature" and "subscriber’ shall have the meanings respectively assigned to them in the Information Technology Act, 2000. IN section 17, for the words "oral or documentary," words oral or documentary or contained in electronic form” shall be substituted. 2. After section 22, the following section shall be inserted, namely: - "22". When oral admission as to contents of electronic records are relevant.~ Oral admission as to contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question". 3. In section 34, for the words "Entries in the books of account", the words "Entries in the books ofStudy Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani account, including those maintained in an electronic form" shall be substituted. 4, In section 35, for the word "record", in both the places where it occurs, the words “record or at electronic record" shall be substituted. 5. For section 39, the following section shall be substituted, namely:- "39. What evidence to bi given when statement forms part of a conversation, documents, electronic record, book or series 0 letters or papers.-When any statement of which evidence is given forms part of longer statement, 0 of a conversation or part of an isolated documents, or is contained in a document which forms par of a book, or is contained in part of electronic record or of a connected series of letters or papers evidence shall be given of so much and no more of the statement, conversation, document electronic record, book or series of letters or papers as the Court considers necessary in tha particular case to the full understanding of the nature and effect of the statement, and of th: circumstances under which it was made." 6. After section 47, the following section shall be inserted, namely:- "47A. Opinion as to digita signature when relevant.- When the court has to form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the digital signature Certificate is : relevant fact” 7. In section 59, for the words "contents of documents "the words" contents of documents 0: electronic records” shall be substituted. 8. After section 65, the following shall be inserted, namely:-"65A. Special provisions as to evidenct relating to electronic record.-the contents of electronic records may be proved in accordance witl the provisions of section 65B. 65B. Admissibility of electronic records.- (1) Notwithstanding anything contained in this Act, any information contained in an electroniv record which is printed on a paper, stored, recorded or copies in optical or magnetic media produce: by a computer (hereinafter referred to as the computer output) shall be deemed to be also: document, ifthe conditions mentioned in this section are satisfied in relation to the information anc computer in question and shall be admissible in any proceedings, without further proof 0 production of the original, as evidence of any contents of the original or of any fact stated therein o which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:- (@) the computer output containing the information was produced by the computer during the perio« over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use o the computer; (b) during the said period, information of the kind contained in the electronic record or of the kinc from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (©) throughout the material part of the said period, the computer was operating properly or, if not then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; (d) the information contained in the electronic record reproduces or is derived from suct information fed into the computer in the ordinary course of the said activities. (3) Where over any period, the fimction of storing or processing information for the purposes of anyStudy Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani activities regularly carried on over that the period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether- (a) by acombination of computers operating over that period; or (b) by different computer operating in succession over that period; or (©) by different combinations of computers operating in succession over that period; or in any other manner involving the successive operation over that period, in whatever order, ofone or more computers and one or more combinations of computers, all the computers used for thatpurpose during that period shall be treated for the purposes of this section as constituting single computer, and references in this section to a computer shall be construed according] (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to so (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (©) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter sufficient for a matter to be stated to the best of knowledge and belief of the person stating it. (5) For the purposes of this section,- (a) information shall be taken to be supplied to a computer if itis supplied thereto in any appropriate form and whether it is so supplied directly or (with or without intervention) by means of any appropriate equipment; (b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, in duly supplied to that computer shall be taken to be supplied to it those activities; (©) acomputer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment Explanation.- For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived there from by calculation, comparison or any other process; 9. After section 67, the following section shall be inserted, namely: - "67. Proof as to digital signature. - Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.” 10. After section 73, the following section shall be inserted, namely: -"73A. Proof as to verification‘Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani of digital signature. -In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.” Explanation. - For the purposes of this section, "Controller" means the Controller appointed under sub-section (1) of section 17 of the Information Technology Act, 2000." 11. After section 81, the following section shall be inserted, namely: - "81A. Presumption as to Gazettes in electronic forms. -The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.” 12. After section 85, the following sections shall be inserted, namely: - "85. Presumption as to electronic agreements. - The court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties. "85B. Presumption as to electronic records and digital signatures. - IN any proceedings involving a secure digital signature, the Court shall presume unless the contrary is proved that- (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature. 85C. Presumption as to Dig ital Signature Certificates. - The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber." 13. After section 88, the following section shall be inserted, namely: - "88A. Presumption as to electronic messages. - The Court may presume that b electronic message forwarded by the originator through an electronic mail server to the addresses to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent Explanation. - for the purposes of this section, the expression "addressee’ and "originator" shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the information Technology Act, 2000. 14, Afier section 90, the following section shall be inserted, namely:- "90 A. . Presumption as to electronic records five years old.-where any electronic record, purporting or proved to be five years old, is produced from any custody which the court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorized by him this behalf, Explanation. - Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is‘Study Material on Information Technology and overview of the Information Technology Act, 2000 By- Prof. G.Yazdani proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such and origin probable. 15. For section 131 the following section shall be substituted, namely: - 131. Production of documents or electronic records which another person, having possession, could refuse to produce. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they wer in his possessions or control, unless such last-mentioned person consents to their production." Applicabili Applicability According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In order to include Jammu and Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and provides extra-territorial jurisdiction. Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention committed outside India as well. If the conduct of person constituting the offence involves a computer or a computerized system or network located in India, then irrespective of his/her nationality, the person is punishable under the Act. Lack of international cooperation is the only limitation of this provision. The Act has extra-territorial jurisdiction to cover any offence committed outside the country by any person. nd Non-Applicability of the Act Non-Applicability According to Section | (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents: 1, Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques. 2. Execution of a Power of Attomey under the Powers of Attorney Act, 1882. Creation of Trust under the Indian Trust Act, 1882. 3. Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called. 4, Entering into a contract for the sale of conveyance of immovable property or any interest in such property. 5. Any such class of documents or transactions as may be notified by the Central Government in the Gazette.