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THE FIRST SCHEDULE
(AMENDMENTS TO THE INDIAN PENAL CODE)
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1. |
After section 29,
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the following section shall be inserted, namely
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29A.The words "electronic record" shall have the
meaning assigned to it in clause (s) of sub-section (7) of section
2 of the Information Technology Act, 1999. |
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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
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3. |
In section 172,
for the words "produce a document in
a Court of Justice",
the words "produce a document or an electronic
record in a Court of Justice"
shall be substituted.
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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 a Court of Justice"
shall be substituted.
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5. |
In section 175,
for the word "document" at both the places
where it occurs,
the words "document or electronic record"
shall be substituted.
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6. |
In section 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
record containing a false statement"
shall be substituted.
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7. |
In section 204,
for the word "document" at both the places
where it occurs,
the words "document or electronic record"
shall be substituted.
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8. |
In section 463,
for the words "Whoever makes any false
documents or part of a document with intent to cause damage or injury",
the words "Whoever makes any false; documents
or false electronic record or part of a document or electronic record,
with intent to cause damage or injury"
shall be substituted.
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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 practised upon him, he .does not know
the contents of the document or the nature of me alteration",
file following shall be substituted, namely: -
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A person is said to make a false document or
false electronic record -
First -
Who dishonestly or fraudulently -
(a) |
makes, signs, seals or executes a document or
part of a document; |
(b) |
makes or transmits any electronic record or part
of any electronic record; |
(c) |
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 a part of document,
electronic record or digital signature was made, signed, sealed executed,
transmitted or affixed by or by the authority of a person by whom or
by whose authority he knows that it was not made, signed, sealed, executed
or affixed; or |
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Secondly -
Who, without lawful authority, dishonestly
of 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
either by himself or by any other person, whether such person be
living or dead at tile time of such alteration; or
Thirdly -
Who dishonestly or fraudulently causes
any person to 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 practised
upon him, he does not know the contents of the document or electronic
record or the nature of the alteration."
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(b) |
after Explanation 2,
the following Explanation shall be inserted
at the end, namely -
Explanation 3 - For the purposes of this section,
the expression "affixing digital signature" shall have the
meaning assigned to it in. clause (d) of sub- 50 section (1)
of section 2 of the Information Technology Act, 1999.'
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10. |
In section 466 -
(a) |
for the words "Whoever forges a
document",
the words "Whoever forges a
document or an electronic record"
shall be substituted;
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(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 any entries maintained in the electronic form as defined
in clause (r) of sub-section (1) of section 2 of the Information
Technology Act, 1999.
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11 |
In section 468,
for the words "document
forged",
the words "document or electronic
record forged"
shall be substituted.
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12. |
In section 469,
for the words "intending
that the document forged",
the words "intending that the document
or electronic record forged"
shall be substituted.
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13. |
In section 470,
for the word "document"
in both the places where it occurs,
the words "document or electronic
record"
shall be substituted.
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14. |
In section 471,
for the word "document"
wherever it occurs,
the words "document or electronic
record"
shall be substituted.
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15. |
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 substituted,
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.".
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16. |
In section 476,
for the words "any document",
the words "any document or electronic
record"
shall be substituted.
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17. |
In section 477A,
for the words "book, paper,
writing" at both the places where they occur,
the words "book, electronic record,
paper, writing"
shall be substituted.
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