THE FIRST SCHEDULE - AMENDMENTS TO THE INDIAN PENAL CODE

THE FIRST SCHEDULE

(See section 91)

Amendments to the Indian penal code

(45 of 1860)

1. After section 29, the following section shall be inserted,
namely:-

Electronic record.

"29A. The words "electronic record" shall have the meaning assigned to them
in clause (t) of sub-section (1) of section 2 of the Information
Technology Act, 2000.".

2. In section 167, for the words "such public servant,
charged with the preparation or translation of any document, frames or
translates that document", the words "such public servant, charged with the
preparation or translation of any document or electronic record, frames,
prepares or translates that document or electronic record" shall be
substituted.

3. In section 172, for the words "produce a document in a Court of
Justice", the words "produce a document or an electronic record in a Court of
Justice" shall be substituted.

4. In section 173, for the words "to produce a document in
a Court of Justice", the words "to produce a document or electronic record in
a Court of Justice" shall be substituted.

5. In section 175, for the word "document" at both the places where it
occurs, the words "document or electronic record" shall be substituted.

6. In section 192, for the words "makes any false entry in any book or
record, or makes any document containing a false statement", the words "makes
any false entry in any book or record, or electronic record or makes any
document or electronic record containing a false statement" shall be
substituted.

7. In section 204, for the word "document" at both the places where it
occurs, the words "document or electronic record" shall be substituted.

8. In section 463, for the words "Whoever makes any false
documents or part of a document with intent to cause damage or injury", the
words "Whoever makes any false documents or false electronic record or part of
a document or electronic record, with intent to cause damage or injury" shall
be substituted.

9. In section 464,-
(a) for the portion beginning with the words "A person is
said to make a false document" and ending with the words "by reason of
deception practised upon him, he does not know the contents of the document or
the nature of the alteration", the following shall be substituted, namely:-

"A person is said to make a false document or false
electronic record-

First" Who dishonestly or fraudulently"

(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic
record;
(c) affixes any digital signature on any electronic record;
(d) makes any mark denoting the execution of a document or the
authenticity of the digital signature,

with the intention of causing it to be believed that such
document or part of document, electronic record or digital signature was made,
signed, sealed, executed, transmitted or affixed by or by the authority of a
person by whom or by whose authority he knows that it was not made, signed,
sealed, executed or affixed; or

Secondly - Who, without lawful authority, dishonestly or
fraudulently, by cancellation or otherwise, alters a document or an electronic
record in any material part thereof, after it has been made, executed or
affixed with digital signature either by himself or by any other person,
whether such person be living or dead at the time of such alteration; or

Thirdly - Who dishonestly or fraudulently causes any
person to sign, seal, execute or alter a document or an electronic record or
to affix his digital signature on any electronic record knowing that such
person by reason of unsoundness of mind or intoxication cannot, or that by
reason of deception practised upon him, he does not know the contents of the
document or electronic record or the nature of the alteration. " ;

(b) after Explanation 2, the following
Explanation shall be inserted at the end, namely:-

'Explanation 3.- For the purposes of this section, the
expression "affixing digital signature" shall have the meaning assigned to it
in clause (d) of subsection (1) of section 2 of the Information
Technology Act, 2000.'.