| 
 Section No 
 |  II. 
				DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE (amended 
				vide ITAA 2008) |   | 
			
				| II | 3 |   |   | Authentication of 
				Electronic Records |   | 
			
				|   |   |   | (1) | Subject to the 
				provisions of this section any subscriber may authenticate an 
				electronic record by affixing his Digital  Signature |   | 
			
				|   |   |   | (2) | The authentication of 
				the electronic record 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 
					
						| (a) | to derive or 
						reconstruct the original electronic record from the 
						hash  result produced by the algorithm; |  
						| (b) | that two 
						electronic records can produce the same hash result 
						using the   algorithm. |  |   | 
			
				|   |   |   | (3) | Any person by the use 
				of a public key of the subscriber can verify the electronic 
				record. |   | 
			
				|   |   |   | (4) | The private key and the 
				public key are unique to the subscriber and constitute a 
				functioning key pair. |   | 
			
				|  | 3A |  |  | Electronic Signature (Inserted vide 
				ITAA 2006) |  | 
			
				|  |  |  | (1) |  Notwithstanding 
				anything contained in section 3, but subject to the provisions 
				of sub-section (2), a subscriber nay authenticate any electronic 
				record by such electronic signature or electronic authentication 
				technique which- 
					(a) is considered reliable ; and (b) may be specified in the Second 
					Schedule |  | 
			
				|  |  |  | (2) | For the purposes of this section any 
				electronic signature or electronic authentication technique 
				shall be considered reliable if- 
					(a) the signature creation data or 
					the authentication data are, within the context in which 
					they are used, linked to the signatory or , as the case may 
					be, the authenticator and of no other person; (b) the signature 
					creation data or the authentication data were, at the time 
					of signing, under the control of the signatory or, as the 
					case may be,the authenticator and of no other person; (c) any alteration 
					to the electronic signature made after affixing such 
					signature is detectable (d) any alteration 
					to the information made after its authentication by 
					electronic signature is detectable; and (e) it fulfills 
					such other conditions which may be prescribed. |  | 
			
				|  |  |  | (3) |  The Central Government 
				may prescribe the procedure for the purpose of ascertaining 
				whether electronic signature is that of the person by whom it is 
				purported to have been affixed or authenticated |  | 
			
				|  |  |  | (4) | The Central Government 
				may, by notification in the Official Gazette, add to or omit any 
				electronic signature or electronic authentication technique and 
				the procedure for affixing such signature from the second 
				schedule; 
					Provided that no electronic 
					signature or authentication technique shall be specified in 
					the Second Schedule unless such signature or technique is 
					reliable |  | 
			
				|  |  |  | (5) | Every notification issued under 
				sub-section (4) shall be laid before each House of Parliament |  |