Section 29A IPC: Electronic Record - Meaning and Definition
Section 29A of the Indian Penal Code, 1860 incorporated the meaning of "electronic record" from Section 2(1)(t) of the Information Technology Act, 2000 into the IPC.
Text of Section 29A IPC
29A. Electronic record.
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 (21 of 2000).
Meaning of Electronic Record
Section 29A did not set out an independent IPC definition. Instead, it adopted by reference the meaning given in Section 2(1)(t) of the Information Technology Act, 2000.
Section 2(1)(t), Information Technology Act, 2000:
"electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.
What Can Fall Within an Electronic Record?
The statutory definition is broad and is not confined to conventional text documents. Depending on the facts, it covers data or records and data-generated material, images and sounds where they are stored, received or sent in electronic form, as well as microfilm and computer-generated microfiche.
- Data and electronic records.
- Data-generated material.
- Images stored, received or sent electronically.
- Sound stored, received or sent electronically.
- Microfilm.
- Computer-generated microfiche.
Purpose and Legal Effect of Section 29A IPC
Section 29A functioned as a general definition within the IPC. By importing the Information Technology Act definition, it enabled IPC provisions referring to an "electronic record" to use a common statutory meaning rather than requiring a separate definition each time.
The provision itself did not create a criminal offence or prescribe punishment. Whether conduct involving an electronic record constituted an offence depended on the ingredients of the substantive IPC provision applicable to the facts.
How Section 29A Was Added to the IPC
Section 29A was inserted by the Information Technology Act, 2000. Section 91 and the First Schedule to that Act amended the Indian Penal Code by inserting Section 29A after Section 29. The amendment took effect on 17 October 2000.
Section 29 and Section 29A IPC
Section 29 IPC dealt with the expression "document," while Section 29A specifically supplied the statutory meaning of "electronic record" by reference to the Information Technology Act, 2000. The provisions should therefore be read according to the precise expression used in the substantive IPC section concerned.
Frequently Asked Questions
What did Section 29A IPC define?
It defined "electronic record" for IPC purposes by adopting the meaning assigned to that expression in Section 2(1)(t) of the Information Technology Act, 2000.
Did Section 29A contain its own detailed definition?
No. It used a statutory cross-reference to the Information Technology Act definition.
Can images and sound be electronic records?
Yes, where the requirements of Section 2(1)(t) of the Information Technology Act are satisfied. That definition expressly refers to image and sound stored, received or sent in electronic form.
Did Section 29A IPC itself prescribe punishment?
No. It was a definition provision. Any criminal liability depended on the substantive offence in which an electronic record was relevant.
When was Section 29A inserted?
It was inserted through the Information Technology Act, 2000, section 91 and the First Schedule, with effect from 17 October 2000.
Note: This page explains the historical IPC provision for informational purposes. The applicable statutory framework depends on the relevant date, facts and substantive legal provision.