Amendments in Various Legislations by Information Technology Act, 2000

The Information Technology Act, 2000 also passed with the further objective to amend the provisions of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Bankers Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 as mentioned in its statement of objects and reasons. In order to achieve the objectives of the IT Act, consequential amendments were made in the above-mentioned Acts because the Model Law requires that there should be no discrimination between the normal documents and electronic records. The following legislation was amended inconsequential to the IT Act, 2000. These are mentioned as under:

  • Amendment in Indian Penal Code, 1860

The Information Technology Act, 2000 has made some amendments in IPC, 1860. These amendments have been made in the manner specified in the First The schedule reads section 91. The extraterritorial jurisdiction of the Indian Penal Code, 1860 was also expanded to include all the offenses which target computer resources in India and various sections which are relating to a false document were also amended to incorporate a false electronic record. Through these amendments section 29 A which defines the words “electronic record” has been inserted after section 29 defines the word “document” with the purpose to maintain the statutory balance. In section 167, for the words “such employee, charged with the preparation or translation of any document, frames or translates that document”, the words “such employee, charged with the preparation or translation of any document or electronic record” have been substituted. The Act amends this section which deals with the framing of an incorrect document by a public servant with intent to cause injury, by substituting the words “electronic record”. By this amendment now an employee could also be charged for framing an incorrect electronic record with intent to cause injury. Section 172 punishes a person who absconds in order to avoid being served with summoning, notice, or order and section 173 punishes intentional prevention of the service of Summons, notice, or order. By substituting the words “electronic record” a person shall be liable under these sections if he fails to produce a document or electronic record in a Court of Justice. Section 175 punishes a person who refuses to produce documents that he is legally bound to produce before a public servant or in a Court of Justice. By substituting the words “electronic record” a person shall be liable under this section if he fails to produce a document or electronic record before a public servant or in a Court of Justice.

  • Amendments in Indian Evidence Act, 1872

The Information Technology Act, 2000 has made some amendments to the Indian Evidence Act, 1872. These amendments are made within the manner laid out in the Second Schedule read with section 92. Section 3 of the Indian Evidence Act, 1872 defines the word “evidence” as amended to include electronic records as evidence for the inspection of the Court. Section 17 defines the word “admission” as amended to include admission in electronic form. After section 22, section 22A is inserted which provides the circumstances when an oral admission on contents of electronic records are relevant. Section 34 highlights the areas when entries within the books of account are relevant. This section is amended to incorporate accounts books in electronic form. Section 35 is amended to take care of the register of births, deaths or marriages, revenue records, etc. in electronic form. Section 39 is amended to take into consideration the evidentiary value of a statement, which forms part of an electronic record. Section 131 is additionally amended to incorporate the assembly of electronic records which another person, having possession, could refuse to supply. Some other important sections are inserted by this Act which is related to opinion as to electronic signature when relevant. admissibility of electronic records, proof, and verification of digital signatures, and lastly, presumptions as to electronic evidence.

  • Amendments in Bankers Books Evidence Act, 1891

The Information Technology Act, 2000 has made some amendments to Bankers Books Evidence Act, 1891. These amendments are made within the manner laid out in the Third Schedule read with section 93. The definitions of “banker’s books” as defined under Section 2 (3) and “certified copies” as defined under Section 2 (8) of Bankers Books Evidence Act, 1891 are amended to include data stored in electronic devices and printouts of such data. Section 2A is additionally inserted on certifications to accompany such printouts.

  • Amendments in Reserve Bank of India Act, 1934

The Information Technology Act, 2000 has made some amendments to the Reserve Bank of India Act, 1934. These amendments have been made in the manner specified in the Fourth Schedule read with section 94. In section 58, sub-clause pp is inserted after clause p of subsection 2 with the purpose to introduce and regulate Electronic Fund Transfer (EFT) mechanism between the banks and other financial institutions.

 

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