CHAPTER II: APPLICATION OF LEGAL REQUIREMENTS TO ELECTRONIC RECORDs

CHAPTER II : DIGITAL SIGNATURE 

3. Legal recognition of electronic records
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-

(a) rendered or made available in an electronic form; and

(b) accessible so as to be usable for a subsequent reference.

4. Legal recognition of digitalelectronic6A signatures
Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of  digitalelectronic^6A signature affixed in such manner as may be prescribed by the Central Government to ensure that the signature affixed is reliable..

Explanation- 1. For the purposes of this section "signed", with the grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly.

2.   An Electronic Signature is considered reliable for the purposes of this Act if:6B

(a)  the electronic data in relation to which the Electronic Signature is affixed is linked to the signatory and to no others;

(b)  the Electronic Signature creation code  given is unique to the signatory; and

(c)  any alteration to the Electronic Signature or to the electronic data in relation to which the signature is affixed made after the time of signing is detectable;.

5. Authentication of electronic records by Electronic Signature
(1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital  signatureelectronic signature in the form of Digital Signature as provided in sub-section (2) or in such other electronic form as the Central Government may prescribe from time to time.

(2) (a) The authentication of the electronic record by Digital Signature shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record.

Explanation- For the purposes of this sub-section, "hash function" means an algorithm mapping or translation of one sequence of bits into another, generally smaller, set known as "hash result" such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input making it computationally infeasible-

(ia) to derive or reconstruct the original electronic record from the hash result produced by the algorithm;

(iib) that two electronic records can produce the same hash result using the algorithm.

(b3) Any person by the use of a public key of the subscriber can verify the electronic record.

(c4) The private key and the public key are unique to the subscriber and constitute a functioning key pair.