India is
embarking on a major review of the Information Technology Act which was passed
with effect from October 17, 2000. Recent frauds of the Delhi MMS case and
Gurgaon BPO Cases have increased the demand from the media for "Stricter IT
Laws". In this scenario, Naavi.org is presenting a series of suggestions for
the consideration of the MCIT while addressing the amendments and request
comments from the public so that the Ministry will have the benefit of an
opportunity to consider the public views in this regard.
Suggestion
XI: Secured Digital Signature:
Consequent to the
notification regarding “Secured Digital Signature”, the evidentiary value of
an ordinary digital signature as per Section 85 B has been removed.
Accordingly, it is
recommended that Section 85 B of the Indian Evidence Act may be amended to
replace the words “Secure Electronic Record” with “An electronic record
secured by a Digital Signature” in Para (1) and 2(b) and the words “Secure
Digital signature” with “Digital Signature” in Para 2(a) and 2(b).
(Comments
welcome)
Naavi
July 5, 2005
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