Question 5 (a)

Digital and electronic signature; cyber contravention and cyber offence

9 marks

Time to write
About 18 minutes

From an older CBCS paper

Question

Question 5 (a) · 9 marks

Compare each pair below:

  1. A Digital signature and an Electronic signature

  2. Cyber contravention and Cyber offences.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

18 minfor 9 marks

Read from the question

  • (i)–(ii)2 items, each marked on its own: give each its share.
  • CompareCompare in a table, basis by basis.

What the paper leaves open

This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed.

Write it in this order

The parts stand alone: start with the one you are surest of.

  1. Read; underline the asks; jot your points 1 min
  2. 1 (i) Digital and electronic signature compared 4 marks 7 min
  3. 2 (ii) Contravention (Chapter IX) and offence (Chapter XI) compared 5 marks 9 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.

Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

(i) Digital signature and Electronic signature.

BasisDigital signatureElectronic signature
DefinitionAuthentication of an electronic record by a subscriber by an electronic method or procedure in accordance with section 3 (s. 2(1)(p))Authentication of an electronic record by a subscriber by the electronic technique specified in the Second Schedule (s. 2(1)(ta))
ScopeOne particular techniqueWider: includes the digital signature
CertificateDigital Signature CertificateElectronic Signature Certificate, which includes the Digital Signature Certificate

(ii) Cyber contravention and Cyber offences.

  • A cyber contravention is a civil wrong under Chapter IX (penalties, compensation and adjudication). Section 43 applies where a person, without the permission of the owner or the person in charge of a computer, computer system or network, accesses it, or, among the other acts it lists, introduces a virus into it, damages it or disrupts it; he is liable to pay damages by way of compensation to the person so affected. A penalty imposed or compensation awarded, if not paid, is recovered as an arrear of land revenue.
  • A cyber offence is a crime under Chapter XI, punishable with imprisonment or fine: tampering with computer source documents is punishable with imprisonment up to three years or fine up to two lakh rupees or both (section 65); and if any person does any act referred to in section 43 dishonestly or fraudulently, it becomes a computer related offence, punishable with imprisonment up to three years or fine up to five lakh rupees or both (section 66).

The difference therefore lies in the consequence (compensation or penalty against imprisonment or fine) and, for the same act under section 43, in the mental element: dishonest or fraudulent intent turns a contravention into an offence.

Where the 9 marks sit

#ComponentMarks
1(i) Digital and electronic signature compared4
2(ii) Contravention (Chapter IX) and offence (Chapter XI) compared5
Total9
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