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Chapter – 2

Chapter – 2
Provisions Relating to Electronic Record and Digital Signature
3. Authencity of Electronic Record :

1) Any subscriber may, subject to the provisions of this section, authenticate to any electronic record by his/her
personal digital signature.
(2) While authenticating the electronic record pursuant to Sub- section (1), an act of transforming such electronic record to other electronic
record shall be effected by the use of asymmetric crypto system and hash function.
Explanation: For the purpose of this section, “hash function” means the acts of mapping of algorithm or translating of a sequence of bits into another,
generally smaller, set yielding the same hash result from any record in the same form while executing the algorithm each and every time by using the same
record as an input, infeasible to derive or reconstruct any record from the hash result produced by the algorithm from the computation point of view, and
making the two records, which produce the same hash result by using the  algorithm, computationally infeasible to derive.
(3) Any person may verify the electronic record by using the public key of the subscriber.

4. Legal Recognition of Electronic Reco rd: Where the prevailing law requires any information, documents, records or any other matters to be kept in
written or printed typewritten form, then, if such information, document, record or the matter is maintained in an electronic form by fulfilling the procedures as
stipulated in this Act or the Rules made hereunder, such electronic record shall also have legal validity.
5. Legal Recognition of Digital Signatur e: Where the prevailing law requires any information, document, record or any other matters to be certified by
affixing signature or any document to be signed by any person; then, if such information, documents, records or matters are certified by the digital signature
after fulfilling the procedures as stipulated in this Act or the Rules made hereunder, such digital signature shall also have legal validity.

6. Electronic Records to be Kept Safely : Where the prevailing law requires any information, document or record to be kept safely for any specific period of
time and if such information, document or record are kept safely in an electronic form, by fulfilling the following condition,, such information,
document or record shall have legal validity if that is,-
(a) kept in an accessible condition making available for a subsequent reference,
(b) kept safely in the format that can be demonstrated subject to presenting again exactly in the same format in which they were originally generated
and transmitted or received or stored,
(c) kept making the details available by which the origin, destination and transmission or date and time of receipt can be identified, Provided that the provision of this Clause shall not be applied in regard to any information to be generated automatically for the purpose of transmitting or receiving any record.

7. Electronic Record May Fulfill the Requirement of Submission of any Original Document : Where the prevailing law requires that any record shall
have to be submitted or retained in its main or original form or kept safely,  then, such requirement shall, if the following terms are fulfilled, be deemed to
have been satisfied by the electronic records:
(a) If there exits a ground as prescribed that can be believed that any type of change is not made in such record by any means from the fist time of its
generation in electronics form,
(b) If such record is of the nature where there is a compulsion of submitting such document to any person it could be clearly shown to such a person
to whom it requires to do so.

8. Secured Electronic Rec ords: If the verification has been made as prescribed in connection with the matter as to whether or not any type of changes are
made into the electronic records generated with the application of security procedures as prescribed, such electronic records shall be deemed to be a
secured electronic records.

9. Secured Digital Signature : Where any digital signature made in electronic record has been examined in a manner as prescribed with the application of
such security procedure as prescribed, then, such digital signature shall be deemed to be a secured digital signature.

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