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6. Payable on demand.

A cheque to be valid must be payable on demand and not otherwise. Use of the

words demand

ortheir equivalent is not necessary. When the

drawer asks thebanker to pay and does not specify the time for its payment, theinstrument

is payable on demand (Sec.19).7. Dating of cheques.

The drawer of a cheque is expected to date it before it leaves his hands. A cheque

without a date is consideredinc omplete and is returned unpaid by the banks. The

drawer candate a cheque with the date earlier or later than the date on whichit is

drawn. A cheque bearing an earlier date is antedated and theone bearing the

later date is called postdated. A postdatedcheque cannot be honoured, except at the

personal risk of thebank

s manager, till the date mentioned. A post-dated

cheque isas much negotiable as a cheque for which payment is due, i.e.,the

transferee of a post-dated cheque, like that of the cheque on which payment is

due, acquires a better title than its transferor, if he is a holder in due course. A

cheque that bears a date earlierthan six months is a stale cheque and cannot be claimed for.

Question 6: Write short note on :ADigital

SignatureB Informatio n

Technology ActAns:-A-Digital SignatureAuth entication of

electronic records. Authenticatio n is a process usedto confirm the identity of a

person or to prove the integrity of information . The authentication of message

involves determining itssource and verifying that it has not been modified or replaced in

transit.Subject to the provisions of section 3 any subscriber may authenticatean

electronic record by affixing his digital signature. The hash function

means an algorithm mappin g or translation of one

sequence of bits into another, generally smaller set known as hashresult

such that an electronic record yields the same hash result every time the algorithm is

executed with the same electronic record as itsinput making it computational

ly infeasible(a) to derive or reconstruct the original electronic record from

the hashresult produced by the algorithm;(b) that two electronic records can

produce the same hash result using the algorithm.

BInformatio n Technolog y Act

In May 2000, at the height of the dotcom boom, India enacted the IT Act and became part

of a select group of countries to have put in placecyber laws. In all these years,

despite the growing crime rate in thecyber world, only less than 25 cases have

been registered under the IT Act 2000 and no final verdict has been passed

in any of these cases asthey are now pending with various courts in the country.

Although the law came into operation on October 17, 2000, it still hasan element

of mystery around it. Not only from the perception of thecommon man, but also from the

perception of lawyers, law enforcing age ncies and even the judiciary.The prime reason

for this is the fact that the IT Act is a set of technicallaws. Another major hurdle

is the reluctance on the part of companiesto report the instances of cyber-crimes,

as they don't want to get negative publicity or worse get entangled in legal

proceedings. A majorhurdle in cracking down on the perpetrators of cyber-

crimes such ashacking is the fact that most of them are not in India. The IT Act doesgive

extraterritorial jurisdiction to law enforcement agencies, but suchpowers

are largely inefficient. This is because India does not havereciprocit y and

extradition treaties with a large number of countries.The Indian IT Act also needs to

evolve with the rapidly changing tech nology environment that breeds new forms of

crimes andcriminals. We are now beginning to see new categories and varieties

of cybercrimes, which have not been addressed in the IT Act. Thisincludes cyber

stalking, cyber nuisance, cyber harassment, cyberdefamati on and the

like. Though Section 67 of the InformationT echnology Act, 2000 provides for

punishment to whoever transmitsor publishes or causes to be published or transmitted,

any material whic h is obscene in electronic form with imprison ment for a

term which may extend to two years and with fine which may extend totwenty five

thousand rupees on first convection and in the event of second may extend to

five years and also with fine which may extend tofifty thousand rupees, it does not expressly

talk of cyber defamation.T he above provision chiefly aim at curbing the increasing

number of child pornography cases and does not encompass other crimes

whichcould have been expressly brought within its ambit such as

cyberdefamati on.

MB0051
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