'O!APTERXD L"'"TEb!EDLqlES NOT TO BE LlABLl t"" CDTAIN CASES
79. (/) Notwitbstandinganything contained in any law for the rime being in force but subject to the provisions of sub·.5ections (2) and (1), an intermediary shall not be liable for any third party information, data, or communication link made a\'3i1able or hosted by him.
(2) The provisions of sutJ.secrion (/) shall apply if-
(a) the function of the intermediary iJ limited to providing access to a communication system over which infonnahon made available by third panies is tmlSmiued or temporarily stored or hosted; or InsC1tlOn of II", SCC1l011
72.
P:llushmCDI for diulosure of mfonlation III b~b of b:~"fiI1 CODlnltl Sabst,lllhOlt of aew SCCtlODS far SCC1loa n.
COmpetls.llloa, pc:naltru 01 eCllrlSaltloD 1101 III Inlerl"ere Willi ather pUlIisJImcol Compoullllill of offtncu Offences WIlli.
three )'CIfS imprisoDmcnl to be b.lIsblc.
Amendmenl of secllOQ 71 SllbsutUhOl of ~CUp<m fcf Chlplcr >'Jt Enmptloa from I.illbiluy of Illunnc.lhary ill =w> """ 16 THE GAZETTE OF INDIA EXTRAORDINARY (P"",U- ExAMiNER OJ' BJiCTlWSlC EVIDENCE Cent..1 Govcrnment 10 noufy Enminel of EI«Ir..lnlC:
EVI4cnI<C Amendment of 1«IiOn 10.
Amendment of ICCtioa U.
AmendmUI of lectlOn '2 A!nellduu:nl of lecUOD '-4 IOKnion of ~ """..
....... 148 ud He
(b) the intermediary does not (/) initiate the transmission,
(it) select the receiver oflht ImWn.ission. and
(iii) select or modify the information contained in the transmission;
(c) the intennediary observes due diligence while discharging his duties under this Act and also observes st!ch other guidelines as the Central Governmrnt may prescribe in this behalf.
(3) The provisions ofsub-section (J) sha1I not appty if-
(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in tbecommission ofthe unlawful act;
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information. data or communication link residing in or connected to a computer resouru controlled by the intermediary is being used 10 commit the unlawful act, the intermediary rails 10 expeditiously remove: or disable acces510 that material on that resource without vitiating the evidence in any manner.
uplanD/jon.-For the purposes of this section, the expression "thud party information" means any information dealt with by an intermediary in his capacity8S an intermediary.
CHAPTER XJlA ,.
79A. TheCentral Government may, for the purposes ofproviding expen opinion on elecuonic form evidence before anycoun or otherauthority specifY. by notification in the Official Gaunt, any Department, bodyor agency ofthe Central Govenunent or 8 SIBte Government as an Examiner ofElectronic Evidence.
E.xpJanarion.-For the purposes of this section, "electronic fonn evidencett means any information ofprobative: value that is either stored or transmined in electronic form and includes computer evidence, digital audio, digital video. cell phones, digital fax machines.'.
41. In section 80 of the principal Act, in suD-section (1), for the words "Deputy Superintendent ofPolice", the ....,or<! "Inspector" shall be substituted.