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CHAPTER XIII :
MISCELLANEOUS
80. Power of police officer and other officers to enter, search, etc.
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, any police officer, not below the rank of a Deputy Superintendent of
Police, or any other officer of the Central Government or a State
Government authorised by the Central Government in this behalf may enter
any public place and search and arrest without warrant any person found
therein who is reasonably suspected or having committed or of committing
or of being about to commit any offence under this Act.
Explanation.- For the purpose of this sub-section, the expression "public
place" includes any public conveyance, any hotel, any shop or any other
place intended for use by, or accessible to the public.
(2) Where any person is arrested under sub-section (1) by an officer other
than a police officer, such officer shall, without unnecessary delay, take
or send the person arrested before a magistrate having jurisdiction in the
case or before the officer-in-charge of a police station.
(3) The provisions of the Code of Criminal Procedure, 1973 shall, subject
to the provisions of this section, apply, so far as may be, in relation to
any entry, search or arrest, made under this section.
(1) Notwithstanding any
thing contained in the Code of Criminal Procedures, 1973, any offense
punishable under this Act may either before or after the institution of
any prosecution be compounded by
(a)
the
Controller; or
(b)
the
adjudicating officers appointed under section 46, where the maximum amount
of fine and/or imprisonment does not exceed such limits as may be
specified by the Central Government.
on payment or credit to the
Central Government of such sum as the Controller or the Adjudicating
officer, as the case may be, may specify.
(2) Nothing in sub-section
(1) shall apply to an offence committed by a person within a period of
three years from the date on which a similar offence committed by him was
compounded under this section.
Explanation: For the purpose
of this section
any second or subsequent offence committed after the expiry of a period of
three years from the date on which the offence was previously compounded,
shall be deemed to be a first offence.
(3) Where any offence is
compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence, either by the Controller or by
the adjudication officer or by any other person, against the offender in
relation to whom the offence is so compounded.
(4)
Where the composition of any offence is made after the institution of any
prosecution, such composition shall be brought by the Controller or the
adjudicating officer in writing, to the notice to the Court in which the
prosecution is pending and on such notice of the composition of the
offence being given, the person in relation to whom the offence is so
compounded shall be discharged.
81.
Act to have overriding effect
General Provisions
(1) The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in
force.
(2) Nothing that is
permitted under the Copyright Act 1957 and the Patents Act 1970 as amended
from time to time shall render any person liable for contravention of any
of the provisions of this Act.
82. Controller Deputy Controller and Assistant Controller to be pubic
servants
The Presiding Officer and other officers and employees of a Cyber
Appellate Tribunal, the Controller, the Deputy Controller and the
Assistant Controllers shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code.
83. Power to give directions
The Central Government may give directions to any State Government as to
the carrying into execution in the State of any of the provisions of this
Act or of any rule, regulation or order made thereunder.
84. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the
Central Government, the State Government, the Controller or any person
acting on behalf of him, the Presiding Officer, adjudicating officers and
the staff of the Cyber Appellate Tribunal for anything which is in good
faith done or intended to be done in pursuance of this Act or any rule,
regulation or order made thereunder.
85. Offences by companies
(1) Where a person committing a contravention of any of the provisions of
this Act or of any rule, direction or order made thereunder is a company,
every person who, at the time the contravention was committed, was in
charge of, and was responsible to, the company for the conduct of business
of the company as well as the company, shall be guilty of the
contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to punishment
if he
proves
unless
it is proved
that the contravention took place without
his knowledge
and
connivance
and that
he failed to prevent such contravention.
or that
he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a
contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder has been committed by a company and it
is proved that the contravention has taken place with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of the contravention and shall be liable to be proceeded against
and punished accordingly.
Explanation.- For the purposes of this section.-
(i) "company" means any body corporate and includes a firm or other
association of individuals; and
(ii) "director" in relation to a firm, means a partner in the firm.
86. Removal of difficulties
(1) If any difficulty arises in giving effect to provisions of this Act,
the Central Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the difficulty :
Provided that no order shall be made under this section after the expiry
of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.
87. Power of Central Government to make rules
(1) The Central Government may, by notification in the Official Gazette
and in the Electronic Gazette make rules to carry out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :-
(ao)
All specific class of documents or transactions as may be prescribed by
the Central Government under sub-section 4 of section 1.
(a) the manner in which any information or matter may be authenticated by
means of
digital
electronic signature under section 5;
(b) the
electronic form in which filing, issue, grant or payment shall be effected
under sub-section (1) of section 6;
(c)
the
manner or method of payment of any fee or charges for filing, creation or
issue, or delivery of service either directly or through its authorized
service provider, of any electronic record under section 6.
(d) the matters
relating to
the type
of digital signature, manner and format in which it may be affixed under
section 10
: (i)
the type of electronic signature; (ii) the manner and format in which the
electronic signature shall be affixed; (iii) the manner and procedures
which facilitate identification of the person affixing the electronic
signature; (iv) control processes and procedures to ensure adequate
integrity, security, and confidentiality of electronic records or
payments; and (v) any other matter which necessary to give legal effect to
digital
electronic signatures under Section 10.
(e) the security procedure for the purpose of creating secure electronic
record and secure
digital
electronic signature under section 16;
(f) the qualifications, experience and terms and conditions of service of
Controller, Deputy Controllers and Assistant Controllers under section 17;
(g)
other standards to the observed by the Controller under clause (b) of
sub-section (2) of section 20;
(h) the requirements which an applicant must fulfill under sub-section (2)
of section 21;
(i) the period of validity of licence granted under clause (a) of
sub-section (3) of section 21;
(j) the form in which an application for licence may be made under
sub-section (1) of section 22;
(k) the amount of fees payable under clause (c) of sub-section (2) of
section 22;
(l) such other documents which shall accompany an application for licence
under clause (d) of sub-section (2) of section 22;
(m) the form and the fee for renewal of a licence and the fee payable
thereof under section 23;
(n) the form in which application for issue of an
Digital
Electronic Signature Certificate may be made under
sub-section (1) of section 35;
(o) the fee to be paid to the Certifying Authority for issue of an
Digital
Electronic Signature Certificate under sub-section (2) of
section 35;
(oa)
for grant of electronic signature certificate under sub-section (4) of
section 35;
(ob)
the duties of the subscribers under section 41A;
(oc)
“Reasonable security practices and procedures” under section 43;
(od)
“Sensitive personal information” under section 43;
(p) the manner in the adjudicating officer shall hold
inquiry under sub-section (1) of section 46;
(q) the qualification and experience which the adjudicating officer shall
possess under sub-section (3) of section 46;
(r) the salary, allowances and the other terms and conditions of service
of the Presiding Officer under section 52;
(s) the procedure for investigation of misbehaviour or incapacity of the
Presiding officer under sub-section (3) of section 54;
(t) the salary and allowances and other conditions of service of other
officers and employees under sub-section (3) of section 56;
(u) the form in which appeal may be filed and the fee thereof under
sub-section (3) of section 57;
(v) any other power of a civil court required to be prescribed under
clause (g) of sub-section (2) of section 58; and
(va)
modes
or methods for encryption for secure use of electronic medium as provided
in Section 68A.
(vb) prescribe
safeguards subject to which such interception or monitoring can be done
under sub-section (2) of Section 69;
(vc)
notify protected system under Section 70;
(vcc)
“Breach of Confidentiality and Privacy” under section 72;
(vd)
notify
the Examiner of Digital Evidence under
Section 78A;
(ve)
for “intermediary” under sub-section 2(w) and section 79;
and
(w) any other matter which is required to be, or may be, prescribed.
(3) Every notification made by the Central Government under
clause
(f) of
sub-section (4) of section 1 and every rule made by it shall be laid, as
soon as may be after if is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
notification or the rule or both Houses agree that the notification or the
rule should not be made, the notification or the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
notification or rule.
88. Constitution of Advisory Committee
(1) The Central Government shall, as soon as may be after the commencement
of this Act, constitute a Committee called the Cyber Regulations Advisory
Committee.
(2) The Cyber Regulations Advisory Committee shall consist of a
Chairperson and such number of other official and non-official members
representing the interests principally affected or having special
knowledge of the subject-matter as the Central Government may deem fit.
(3) The Cyber Regulations Advisory Committee shall advise-
(a) the Central Government either generally as regards any rules or for
any other purpose connected with this Act;
(b) the Controller in framing the regulations under this Act.
(4) There shall be paid to the non-official members of such Committee such
travelling and other allowances as the Central Government may fix.
89.
Power of Controller to make regulations
(1) The Controller may, after consultation with the Cyber Regulations
Advisory Committee and with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations
consistent with this Act and the rules made thereunder to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely :-
(a) the particulars relating to maintenance of data-base containing the
disclosure record of every Certifying Authority under clause (mn)
of section 18;
(b) the conditions and restrictions subject to which the Controller may
recognise any foreign Certifying Authority under sub-section (1) of
section 19;
(c) the term and conditions subject to which a licence may be granted
under clause (c) of sub-section (3) of section 21;
(d) other standards to be observed by a Certifying Authority under
clause (d) of section 30;
(e) the manner in which the Certifying Authority shall disclose the
matters specified in sub-section (1) of section 34;
(f) the
particulars of statement which shall accompany an application under
sub-section (3) of section 35;
(g) the manner in which the subscriber shall communicate the compromise
of private key to the certifying Authority under sub-section (2) of
section 42.
(3) Every regulation made under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the regulation
or both Houses agree that the regulation should not be made, the
regulation shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that regulation.
90. Power of State Government to make rules
(1)
Subject
to any rules made by the Central Government,
the State Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :-
(a) the electronic form in which filing, issue, grant, receipt or payment
shall be effected under sub-section (1) of section 6;
(b) for matters specified in sub-section (2) of section 6;
(c) any
other matter which is required to be provided by rules by the State
Government.
(3) Every rule made by the State Government under this section shall be
laid, as soon as may be after it is made, before each House of the State
Legislature where it consists of two House, or where such Legislature
consists of one House, before that House.
91. Amendment of Act 45 of 1860
The Indian Penal Code shall be amended in the manner specified in the
First Schedule to this Act.
92. Amendment of Act 1 of 1872
The Indian Evidence Act, 1872 shall be amended in the manner specified in
the Second Schedule to this Act.
93. Amendment of Act 18 of 1891
The Bankers' Books Evidence Act, 1891 shall be amended in the manner
specified in the Third Schedule to this Act.
94. Amendment of Act 2 of 1934
The Reserve Bank of India Act, 1934 shall be amended in the manner
specified in the Fourth Schedule to this Act
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