1. Some aspects the everyone should know

2. Legal recognition of electronic records- exceptions (Schedule)  Negotiable instruments (other than cheque)  Power of attorney  Trust Deeds  Will  Transfer of property  Any other class notified by Government

3. Computers –Definition is wide  Automatic Teller Machines  Mobile phones  Networking systems  Satellites  Vending machines  Fax machines

4. Electronic Signature  Subscriber can authenticate any electronic record as signature which according to him is reliable.  Signature recognized by foreign Certifying authorities.

5. Validity of contracts made through electronic means  Such contracts shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.  Issues like, Court Fees, and place of jurisdiction questions to be decided

6. Compensation for failure to protect data  Body dealing or handling any sensitive personal data or information is bound to protect the data.  Reasonable security practices to be followed.  Sensitive personal data or information

7. Amendments to Indian Evidence Act  Legal Recognition of electronic records  Document includes electronic records (Sec.3)  Oral admissions as to contents of electronic records are not relevant unless the genuineness of the e-record produced is in question (Sec.22 A).  Part of documents, conversations, etc evidence (Sec.39)

8. Examiner of Electronic Evidence  Central Government to notify  Opinion of Examiner of Electronic Evidence is a relevant fact. (Sec.45A) presumption  In the place of “digital signature” the word “electronic signature” has been replaced by the Amendment 10 of 2009

9. Admissibility of electronic records  Computer output (print out, CD, tapes, etc shall also deemed to be document.  It is admissible in evidence without further proof of original Sec.65B(1)  SUBJECT TO CONDITIONS

10. CONDITIONS FOR ADMISSIBLITY  COMPUTER WAS USED THROUGHOUT THE PERIOD REGULARLY  REGULARLY FED IN THE ORDINARY COURSE OF SAID ACTIVITIES  COMPUTER WAS OPERATING PROPERLY  THE COPYING IS DONE IN THE ORDINARY COURSE OF ACTIVITIES

11. Safeguards, adopted by the system to ensure that date is entered or any other operation performed by only the authorised persons  The Server room is kept under lock and key. Only authorised persons are allowed to enter the server room.  Applications are restricted using access control provided by the operating system and the application software

12. Safeguards adopted to prevent and defect unauthorised change of data  The user has no access to the operating system prompt.  The accounts accessed by the respective accounts officer after proper authorisation.

13. Safeguards available to retrieve data that it is lost due to systematic failure or any other reasons  The data back up is taken daily and kept in fireproof cabinet in the office  The back up includes, operating system backup, Relational Database Management System back up and data back up

14. Manner of transfer of data  Manner in which the digital data is transferred from system to removable media like floppies, discs, tapes, or other electro magnetic data storage devices.  The data is transferred to the external medial using OS as well as RDBMS utilities.

15. Mode of verification of accuracy of data transfer to removable media Data is restored periodically to check the retrieval of data

16. Mode of identification of data storage devices  All the media in which the backup has been taken is properly marked and the name is entered in a register

17. Storage of devices  Arrangement for storage and custody of storage devices.  Declaration that all backup are stored in a fireproof cabinet in an offsite branch locker.

18. Safeguards to prevent and detect any tampering with the system The applications are controlled/restricted using proper login and password at the OS and the application level

19. Sec.39 – Admissibility of computer records When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part 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 that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

20. WIKIPEDIA – Not reliable Supreme Court of India has held that Wikipedia, like all other external aids to construction, like dictionaries, etc., is not an authentic source, although the same may be looked at for the purpose of gathering information. M/s. Ponds India Ltd vs Commr of Trade Tax. 2008 (8) SCC 369.

21. The applications are developed using various controls/checks incorporated in the software as per requirements of the respective department

22. Notice by Fax is valid  Supreme Court of India has declared that notice sent by fax is valid service of notice in 1999. SC has held that “we cannot overlook the fact that Parliament was aware of modern devices and equipment already in vogue” and therefore if the notice envisaged in clause (b) of the proviso to Section 138 was transmitted by fax it would be compliance with the legal requirement.  AIR 1999 SC 1609.

23. Computer Software business  With the help of computers business can be done from home. Pointing out the differences between residential and non residential purposes, SC has held that in these days computers, internet and other like facilities are kept at home for convenience and use. The doing of business through computer from a residential building will not make it a non-residential one.  2001 AIRSCW 1711

24. Goods - Media  SC has held that there is no difference between a sale of a software programme on a CD/floppy disc from a sale of music on a cassette/CD or a sale of a film on a video cassette/CD. The copyright in that programme may remain with the originator of the programme. But the moment copies are made and marketed; it becomes goods, which are susceptible to sales tax. Even intellectual property, once it is put on to a media, whether it be in the form of books or canvas or computer discs or cassettes, and marketed would become "goods".  2005 (1) SCC 308.

25. Accompanied by Certificate  Hard disk is an integral part of most of the electronic equipments like, computer, mobile phone, a digital camera, sound recording device, etc. To get an authenticity to the optical or magnetic media it is essential that while producing the same it should be accompanied by a certification by a person who is control of the said computer that the computer from which the document is extracted is working well during the relevant time. Dharambir vs. CBI. CDJ 2008 DHC 91.  Sec.65B of the Indian Evidence Act, 1872 (as amended by the ITAct,2000.

26. We are in a world of e-tickets, e-returns, e- crimes, e-books, e-passport, etc.  In the words of Kapil Sibal, India is going e-case diary, a system by which whatever is seen in the crime scene is recorded in video format which cannot be later on edited or manipulated and the judge can act on it. In the course of nation building you have to think of future, solve the problems of today. The world is changing and law is far behind. The conflict which arises in the generation has to be solved by the judiciary. The status quo has to be changed.  Speech on the occasion of the Golden Jubilee Celebrations at the Kerala High Court. 1 st Nov, 2006

27. THANKS P.B.SAHASRANAMAN