Definitions
Section 2. Definitions.
2(1).
Unless the context otherwise requires:
(a). Access
The term Access , along with its related grammatical forms, refers to:
Gaining entry into.
Instructing.
Communicating
with the logical, arithmetical, or memory functions of a Computer, Computer system, or Computer network.
(b). Addressee
An addressee is the person for whom an electronic record is meant for to be received.
The originator is the person who creates and sends the electronic record.
An intermediary is not considered an addressee.
An electronic record can be a Gmail , Whats App message etc.
Intermediaries usually are email service provider or messaging platform.
(c). Adjudicating Officer
An Adjudicating officer is an officer who is formally appointed under section 46(1) of the Act.
Section 46(1) of the Act deals with the Power to Adjudicate.
This officer has the authority to hear matters, decide issues, and impose penalties as provided under the law.
(d). Affixing
Affixing an electronic signature refers to the act of electronically signing a document.
It means that a person adopts a specific method or procedure to show that the electronic record is genuinely linked to them.
This method is used for the purpose of authentication, that is, to confirm:
Who signed the electronic record.
That the record has not been altered after signing.
The law recognises digital signatures as a valid way of doing this.
Once an electronic signature is affixed, the electronic record is treated as legally authenticated, similar to a handwritten signature on paper.
(da). Appellate Tribunal
This refers to the Appellate Tribunal established under section 48(1) of the Act.
Section 48 deals with Appellate Tribunals.
It is the authority where appeals against certain decisions under this Act are heard.
(e). Appropriate Government
The Appropriate Government depends on the subject matter involved.
It means the State Government in cases relating to:
(i). Matters listed in List II (State List) of the Seventh Schedule to the Constitution.
(ii). Matters relating to a State law made under List III (Concurrent List) of the Seventh Schedule.
In all other cases, it means the Central Government.
(f). Asymmetric Crypto System
An Asymmetric Crypto System is a security system that uses two related keys.
One key is the private key, which is kept secret and is used to create a digital signature.
The other key is the public key, which is shared openly and is used to verify the digital signature.
(g). Certifying Authority
A Certifying Authority is a person or organisation that has been granted a licence under section 24.
Section 24 deals with Procedure for Grant and Rejection of License.
This licence allows them to issue Electronic Signature Certificates.
Such certificates are used to verify the identity of a person using an electronic or digital signature.
(h). Certification Practice Statement
A Certification Practice Statement is a document issued by a Certifying Authority.
It explains the methods and procedures the Certifying Authority follows while issuing Electronic Signature Certificates.
It sets out how identities are verified, how certificates are issued, managed, and secured.
(ha). Communication Device
A communication device includes mobile phones, personal digital assistants (PDAs), or any combination of these.
It also covers any other device used to communicate, send, or transmit text, video, audio, or images.
PDAs were small handheld electronic devices used mainly before smartphones became common. (BlackBerry)
They helped people organise personal and work information.
Common functions of PDAs:
Storing contacts and phone numbers.
Managing calendars and schedules.
Taking notes.
Sending emails or basic messages.
(i). Computer
A computer is any device or system that processes data at high speed.
It can work using electronic, magnetic, optical, or similar technologies.
A computer performs three main functions:
Logical operations (Making decisions).
Arithmetic operations (Calculations).
Memory functions (Storing data).
The definition also includes all connected components, such as:
Input devices (keyboard, mouse).
Output devices (monitor, printer).
Processing and storage units.
Computer software.
Communication facilities.
These components may be part of a computer system or a computer network.
(j). Computer Network
A computer network means the inter-connection of one or more computers, computer systems, or communication devices through.
This just means that a computer network is formed when two or more computers or devices are connected to each other.
This can be done through:
(i).
Use of satellite communication.
Use of microwave communication. (Data is transmitted using high-frequency radio waves through the air without physical cables.)
Use of terrestrial line communication. (Data is transmitted through physical land-based cables such as telephone lines or optical fibre.)
Use of wire-based communication.
Use of wireless communication.
Use of any other communication media.
(ii).
Use of terminals. (Terminals are devices that are used to access, send, or receive data from a computer or computer system).
Use of a complex consisting of two or more interconnected computers.(2 or more computers are linked so they can communicate and share data).
Use of two or more interconnected communication devices.
The inter-connection may be continuous or temporary.
(k). Computer Resource
A Computer Resource includes any of the following: a computer, Computer system, Computer network, Data, Computer database, or Software.
(l). Computer System
A computer system is a single device or a group of devices working together.
It includes input devices (like keyboard or mouse) and output devices (like monitor or printer).
Simple calculators are excluded, if they are not programmable or cannot be used with external files.
A computer system contains:
Computer programs.
Electronic instructions,
Input data.
Output data.
It is capable of performing:
Logical operations.
Arithmetic calculations.
Data storage and retrieval.
Communication control.
Other related functions.
(m). Controller
The Controller refers to the Controller of Certifying Authorities.
This officer is appointed under section 17(1) of the Act.
Section 17 of the Act deals with Appointment of Controllers and other officers.
The Controller is responsible for regulating and supervising Certifying Authorities.
(n). Omitted
(na). Cyber Cafe
A cyber cafe is any place or facility where internet access is provided by a person as a business, to members of the public.
(nb). Cyber Security.
Cyber security means protecting:
Information.
Equipment and devices.
Computers and computer resources.
Communication devices.
The data stored in them.
Protection is against unauthorised:
Access.
Use.
Disclosure.
Disruption.
Modification.
Destruction.
(o). Data
Data means any representation of information, such as:
Knowledge.
Facts.
Concepts.
Instructions.
This information is prepared in a structured manner.
It is meant to be processed, is being processed, or has already been processed by a Computer system, or Computer network.
Data can exist in any form, including:
Computer printouts.
Magnetic storage (like hard disks).
Optical storage (like CDs/DVDs).
Punched cards or punched tapes.
It may also be stored inside the computer’s memory.
(p). Digital Signature
A digital signature is a way to authenticate an electronic record.
It is done by a subscriber.
Subscriber is the person who owns and uses the digital signature.
The authentication is carried out using an electronic method or procedure.
This method must be in accordance with section 3 of the Act.
Section 3 of the Act deals with Authentication of Electronic Records.
(q). Digital Signature Certificate
A Digital Signature Certificate is an official electronic certificate.
It is issued under section 35(4) of the Act.
Section 35 of the Act deals with Certifying authority to issue electronic signature Certificate.
The certificate links a digital signature to the identity of a person.
(r). Electronic Form
Electronic form with respect to information, means information that is generated, sent received, or stored.
Using electronic or digital media, such as:
Magnetic media.
Optical media.
Computer memory.
Microfilm.
Computer-generated microfiche.
Similar devices.
(s). Electronic Gazette
An Electronic Gazette is the Official Gazette
That is published in electronic (digital) form instead of paper.
(t). Electronic Record
An electronic record includes data or records, images, or sounds.
These Records are stored, received, or sent in electronic form, microfilm, or computer-generated microfiche.
Computer-generated microfiche is where electronic information is converted into miniature photographic images for compact storage and record-keeping.
(ta). Electronic Signature
An electronic signature is a method used to authenticate an electronic record.
It is done by a subscriber.
The authentication is carried out using an electronic technique specified in the Second Schedule of the Act.
The term includes a digital signature.
(tb). Electronic Signature Certificate
Electronic Signature Certificate means a certificate issued under Section 35 of the Act to authenticate an electronic signature.
It also includes a Digital Signature Certificate.
(u). Function
Function, in relation to a computer, means all the basic things a computer can do.
This includes:
Logic and decision making.
Control operations.
Arithmetic calculations.
Deleting data.
Storing and retrieving information.
Sending or receiving data through communication or telecommunication, either within the computer or to other devices.
(ua). Indian Computer Emergency Response Team
Indian Computer Emergency Response Team (CERT-In) means the agency established under Section 70B(1) of the Act.
Section 70 deals with Protected Systems.
Section 70B deals with Indian Computer Emergency Response Team to serve as national agency for incident response.
CERT-In is the government body responsible for handling cyber security incidents in India.
It monitors cyber threats, responds to hacking and data breaches, and issues alerts and guidelines to protect computer systems and networks.
(v). Information
Information includes all kinds of content that can exist in electronic or recorded form, such as:
Data, messages and text.
Images.
Sound and voice recordings.
Codes.
Computer programmes and software.
Databases.
Microfilm.
Computer-generated microfiche.
Anything that can be created, stored, processed, or shared using electronic or recording systems is treated as information.
(w). Intermediary
Intermediary means any person or entity that deals with electronic records on behalf of someone else.
This includes anyone who:
Receives, stores, or transmits an electronic record for another person.
Provides any service related to that electronic record.
Examples of intermediaries are:
Telecom service providers.
Network and internet service providers.
Web hosting services.
Search engines.
Online payment websites.
Online auction sites.
Online marketplaces.
Cyber cafés.
(x). Key Pair
Key pair, in an asymmetric crypto system, means two mathematically related keys:
A private key, which is kept secret and is used to create a digital signature.
A public key, which is shared with others and is used to verify that digital signature.
The two keys are linked in such a way that a signature made using the private key can be checked and confirmed using the corresponding public key.
(y). Law.
Law includes all forms of binding legal rules in force in India, such as:
Acts passed by Parliament or State Legislatures.
Ordinances issued by the President or a Governor.
Regulations made by the President under Article 240 of the Constitution.
Bills enacted as President’s Acts under Article 357(1)(a).
Rules, regulations, bye-laws, and orders made or issued under any of the above.
(z). Licence.
Licence means the permission granted under Section 24 of the Act to a Certifying Authority,
This Licence allows the Certifying Authority to legally issue Electronic Signature Certificates.
(za). Originator.
Originator means the person who:
Sends, generates, stores, or transmits an electronic message.
Causes an electronic message to be sent, generated, stored, or transmitted to another person.
However, an originator does not include an intermediary.
(zb). Prescribed.
Prescribed means specified or laid down by rules made under this Act.
(zc). Private Key
Private key means the secret key in a key pair that is used to create a digital signature.
(zd). Public Key
Public key means the key from a key pair that is used to verify a digital signature and is listed in the Digital Signature Certificate.
(ze). Secure System
Secure system means computer hardware, software, and procedures that:
Are reasonably protected against unauthorised access and misuse.
Work reliably and operate correctly.
Are suitable for performing their intended functions.
Follow generally accepted security standards and practices.
(zf). Security Procedure
Security procedure means the security procedure prescribed by the Central Government under Section 16 of the Act.
Section 16 of the Act deals with Security procedures and practices.
(zg). Subscriber.
Subscriber means the person in whose name an Electronic Signature Certificate is issued.
(zh). Verify.
Verify, in relation to a digital signature, electronic record, or public key, means to check and confirm whether certain conditions are satisfied.
These conditions are as laid down in the Act.
(a)
It must be verified that the original electronic record was digitally signed using the private key that corresponds to the subscriber’s public key.
Every subscriber has a pair of keys.
The private key is secret and is used to sign an electronic record.
While the public key is shared and used to check that signature
If the public key successfully confirms the signature, it shows that the record was signed by the subscriber using their private key.
(b).
It must be verified whether the original electronic record has remained unchanged or has been altered after the digital signature was affixed.
This step checks the integrity of the electronic record.
If even a small change is made to the record after it is digitally signed, the signature will not match.
So this helps figure if the document has been tampered with after signing.
2(2).
If this Act mentions a law or a section that does not apply in a particular area, you should read it as referring to a similar law that does apply in that area.
So, the Act does not stop working just because a specific law name or section is different in one region.
Instead, it automatically points to the corresponding local law / similar law that serves the same purpose.
