In section 3,-


in the definition of "Evidence",

for the words  "all documents produced for the inspection of the Court", 

the words    "all documents including electronic  records produced for the inspection of the Court"

shall be substituted;


after the definition of "India",

the following shall be inserted, namely - 

the expressions "Certifying Authority", "Digital signature", "Digital Signature Certificate", "Electronic Form", "Electronic Records", "Information", "Secure Electronic Record", "Secure Digital Signature" and   "Subscriber" 

shall have the meanings respectively assigned to them in the   Information Technology Act, 1999;


In section 17,

for the words   "Oral or documentary,", 

the words  "Oral or Documentary or contained in electronic format "

shall be substituted.


After section 22,

the following section shall be inserted, namely -

"22A. Oral admissions as to the contents of electronic records are not   relevant, unless the genuineness of the electronic record produced is in   question.".


In section 34 

for the words   "Entries in the books of account", 

the words "Entries in the books of account, including those maintained in an electronic form" 

shall be substituted.


 In section 35

for the word "Record", 

in both the places where it occur,

the words "Record or an Electronic Record" 

shall be substituted.


For section 39 

the following section shall be substituted, namely -

 39. 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.


After section 47 the following section shall be inserted; namely -


When the Court has to form an opinion as to the digital signature of any   person, the opinion of the Certifying Authority which has issued the Digital   Signature Certificate is a relevant fact


In section 59 

for the words "contents of documents" 

the words "contents of documents or electronic records" 

shall be substituted. 

Special provisions as to evidence relating to electronic record.


After section 65 the following sections shall be inserted, namely -


The contents of electronic records may be proved in. accordance with the   provisions of section 65B



Notwithstanding anything contained in this Act, any information  contained in an electronic record which is printed on a paper, stored,  recorded or copied in optical or magnetic media produced by a computer   (hereinafter referred to as the computer output) shall be deemed to be also a   document, if the conditions mentioned in this section are satisfied in   relation to the information and computer in  question and shall be admissible   in any proceedings, without further proof or production of the original as evidence of any contents of the original or of any fact ' stated therein of   which direct evidence would be admissible.


 The conditions referred to in sub-section ( 1) in respect of a computer output shall be the following, namely


the computer output containing the information was produced by the  computer during the period over which the computer was used regularly to store  or process information for the purposes of any activities regularly carried on  over that period by the person having lawful control over the use of the  computer;


during the said period, information of the kind contained in the  electronic record or of the kind from which the information so contained is  derived was regularly fed into the computer in the ordinary course of the said  activities; 


throughout the material part of the said period, the computer was  operating properly or, if not, then in any respect of any period in which it  was not .operating properly of was out of operation during that part of the  period, was not such as to affect the electronic record or the accuracy of its   contents; and 


the information contained in the electronic record reproduces or is  derived from such information fed into the computer in the ordinary course of  the said activities.


Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether - 


by a combination of computers operating over that period; or


by different computers operating in succession over that period; or


by different combinations of computers operating in succession over that   period; or 


 in any other manner involving the successive operation over that period,   in whatever order, of one or more computers and one or more combinations of  computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.


In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say -


identifying the electronic record containing the statement and describing  the manner in which it was produced; 


giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the  electronic record was produced by a computer;


dealing with any of the matters to which the conditions mentioned in  sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 


For the purposes of this section -


information shall be taken to be supplied to a computer if it is supplied   thereto in any appropriate form and whether it is so supplied directly or   (with or without human intervention) by means of any appropriate equipment; 


whether in the course of activities carried on by any official,  information is supplied with a view to its being stored or processed for the  purposes of those activities by a computer operated otherwise than in the   course of those activities, that information, if duly supplied to that  computer, shall be taken to be supplied to it in the course of those  activities;


a computer output shall be taken to have been produced by a computer   whether it was produced by it directly or (with or without human intervention)  by means of any appropriate equipment.

Explanation. - for the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process;


After section 67, the following section shall be inserted, namely -


Except in the case of a secure digital signature, if the digital  signature of any subscriber is alleged o have been affixed to an electronic  record the fact that such digital signature is the digital signature of the   subscriber must be proved


 After section 73, the following section shall be inserted, namely -


In order to ascertain whether a digital signature is that of the person   by whom it purports to have been affixed, the Court may direct - 


that person or the Controller or the Certifying Authority to produce the   Digital Signature Certificate;


any other person to apply the public key listed in the Digital Signature  Certificate and verify the digital signature purported to have been affixed by  thattttttt person

Explanation - For the purposes of this section, "Controller" means the Controller appointed under sub-section (1) of section 17 of the Information Technology Act, 1999.


After section 81, the following section shall be inserted, namely- 


The Court shall presume the genuineness of every electronic record  purporting to be the Official Gazette, or purporting to be electronic record   directed  by any law to be kept by any person, if such electronic record is  kept substantially in the form required by law and is produced from proper   custody


After section 85, the following sections shall be inserted, namely- 


The Court shall presume that every electronic record purporting to be an  agreement containing the digital signatures of the parties was so concluded by  affixing the digital signature of the parties.

Presumption as to electronic records and digital signatures 



In any proceedings involving a secure electronic record, the Court  shall presume unless contrary is proved, that the secure electronic record has  not been altered since the specific point of time to which the secure status   relates


In any proceedings, involving secure digital signature, the Court shall  presume unless the contrary is proved that -


the secure digital signature is affixed by subscriber with the intention  of signing or approving the electronic record;


except in the case of a secure electronic record or a secure digital  signature, nothing in this section shall create any presumption relating to  authenticity and integrity of the electronic record or any digital signature


Presumption as to electronic messages 

The Court shall presume, unless contrary is proved, that the information  listed in a Digital Signature Certificate is correct, except for information  specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.


After section 88, the following section shall be inserted, namely -


The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the  message purports to be addressed corresponds with the message as fed into his  computer for transmission; 

but the Court shall not make any presumption as to   the person by  whom such message was sent.".

Explanation - For the purposes of this section, the expressions "Addressee" and   "Originator" shall have the same meanings respectively assigned to them in  clauses (b) and (z) of sub-section (1) of section 2 of the Information  Technology Act, 1999.


After section 90, the following section shall be inserted, namely -


Where any electronic record, purporting or proved to be five years old,   is produced from any custody which the Court in the particular case considers   proper, the Court may presume that the digital signature which purports to be   the digital signature of any particular person was so affixed by him or any   person authorised by  him in this behalf. 

Explanation - Electronic records are said to be in proper custody if they are  in the place in which, and under the care of the person with whom, they  naturally be;

but no custody is improper if it is proved to have had a   legitimate origin, or the circumstances of the particular case are such as to  render such an origin probable. 

This Explanation applies also to section 81A


For section 131, the following section shall be substituted, namely -


No one shall be compelled to produce documents in his possession or  electronic records under his control, which any other person would be entitled  to refuse to produce if they were in his possession or control, unless such  last mentioned person consents to their production