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The Electronic Transactions Act, 2007
Penalties
1. In addition to any other penalty provided for in any other law, there shall be punished upon
conviction:
1. with imprisonment for a term not exceeding ten years or with fine or with both, whoever:
1. discloses the code keys, deposited at the coding office;
2. discloses the codified information saved thereby, otherwise than permitted cases;
3. misuses the information saved thereby;
2. with imprisonment for a term not exceeding twelve years or with fine or with both
whoever.
1. uses a system, or programme, to impede the completion of any transactions, or
trade by electronic means , by modification thereof, erosion of their data, spoiling,
destroying the same or disrupting the systems thereof;
2. manufactures, possesses, or obtains a system, or programme for the preparation
of an electronic signature, without the consent of the person having competence;
3. forges, or imitates a document, or electronic signature, or an authentication
certificate of an electronic signature, or uses a forged document, a forged
electronic identification, or a forged certificate for the authentication of an
electronic signature, while he knows the same;
4. peruses secret information, or discloses such information ;
3. whoever presents inaccurate information to any body licensed to practise the business
of authentication, with intent to extract a certificate, or suspend its validity or cancel the
same, shall be punished, with imprisonment, for a term, not exceeding seven years,
and with fine, or with both;
4. where any body, which practises the business of authentication, and rendering
electronic services, supplies inaccurate information, in the registration application, or
discloses the secrets of any of its customers, or contravenes the systems and
instructions, issued under this Act, shall be punished with imprisonment for a term, not
exceeding ten years or with fine , or with both.
2. Without prejudice to any severer penalty, provided for by any other law, whoever commits an
act in contravention of the provisions of any law, by using an electronic means, shall be
punished, with imprisonment, for a term, not exceeding seven years, or with fine, or with both
.
Application and saving
1. The provisions of Civil Transactions Act, Evidence Act and Civil Procedure Act shall apply
where no express provision is made in this Act.
2. The provisions of this Act shall not apply to marriage and divorce .
Power to make Regulations
1. The Minister concerned may make such regulations, necessary, for the implementation of the
provisions of this Act.
2. Without affecting the provisions of subsection (1), such regulations may include the following
matters:
1. conditions of licensing;
2. such procedure, as may organize arbitration in the suits submitted to the Committee ;
3. such procedure, as may organize the technique of digital signature.
http://www.cbos.gov.sd/en/print/440
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