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Information Technology Act, 2000 (IT Act 2000)

Important enactments of the Indian Parliament are crucial topics coming under the polity and governance segments of the UPSC syllabus . The Information Technology Act, 2000 (also known as the IT Act 2000 in short) is an important legislation that is frequently referred to in the daily news. In this article, you can read the salient features of the act and also about the controversial Section 66A of the IT Act 2000.

Information Technology Act, 2000 (IT Act 2000):- Download PDF Here

IT Act, 2000

The Information Technology Act, 2000 was enacted by the Indian Parliament in 2000. It is the primary law in India for matters related to cybercrime and e-commerce.

  • The act was enacted to give legal sanction to electronic commerce and electronic transactions, to enable e-governance, and also to prevent cybercrime .
  • Under this law, for any crime involving a computer or a network located in India, foreign nationals can also be charged.
  • The law prescribes penalties for various cybercrimes and fraud through digital/electronic format.
  • It also gives legal recognition to digital signatures.
  • The IT Act also amended certain provisions of the Indian Penal Code (IPC) , the Banker’s Book Evidence Act, 1891, the Indian Evidence Act, 1872 and the Reserve Bank of India Act, 1934 to modify these laws to make them compliant with new digital technologies.
  • In the wake of the recent Indo-China border clash, the Government of India banned various Chinese apps under the Information Technology Act. Read more about this in an RSTV titled, ‘TikTok, Other Chinese Apps Banned’ .

Given below are the links of relevant topics that will help aspirants prepare for their UPSC examination-

IT Act – 2008 Amendments

The IT Act 2000 was amended in 2008. This amendment introduced the controversial Section 66A into the Act.

Section 66A

  • Section 66A gave authorities the power to arrest anyone accused of posting content on social media that could be deemed ‘offensive’.
  • This amendment was passed in the Parliament without any debate.
  • As per the said section, a person could be convicted if proven on the charges of sending any ‘information that is grossly offensive or has menacing character’.
  • It also made it an offence to send any information that the sender knows to be false, but for the purpose of annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, through a computer or electronic device.
  • The penalty prescribed for the above was up to three years’ imprisonment with a fine.

Arguments against Section 66A

  • Experts stated that the terms ‘offensive’, ‘menacing’, ‘annoyance’, etc. were vague and ill-defined or not defined at all.
  • Anything could be construed as offensive by anybody.
  • There was a lot of scope for abuse of power using this provision to intimidate people working in the media.
  • This also curbed the freedom of speech and expression enshrined as a fundamental right in the Constitution.
  • The section was used most notably to arrest persons who made any uncharitable remarks or criticisms against politicians.

The government contended that the section did not violate any fundamental right and that only certain words were restricted. It stated that as the number of internet users mushroomed in the country, there was a need to regulate the content on the internet just like print and electronic media. The Supreme Court, however, in 2015, struck down this section of the IT Act saying it was unconstitutional as it violated Article 19(1)(a) of the Constitution. This was in the famous Shreya Singhal v Union of India case (2015) .

Section 69A

  • Section 69A empowers the authorities to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, defense of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence.
  • It also empowers the government to block internet sites in the interests of the nation. The law also contained procedural safeguards for blocking any site.
  • When parties opposed to the section stated that this section violated the right to privacy, the Supreme Court contended that national security is above individual privacy. The apex court upheld the constitutional validity of the section. Also read about privacy laws and India .
  • The recent banning of certain Chinese Apps was done citing provisions under Section 69A of the IT Act.
  • Note:- The Indian Telegraph Act, 1885 allows the government to tap phones. However, a 1996 SC judgement allows tapping of phones only during a ‘public emergency’. Section 69A does not impose any public emergency restriction for the government.

Read all the important acts and laws for UPSC & other govt. exams in the linked article.

Information Technology Intermediary Guidelines (Amendment) Rules, 2018

The Rules have been framed under Section 79 of the Information Technology Act. This section covers intermediary liability. 

  • Section 79(2)(c) of the Act states that intermediaries must observe due diligence while discharging their duties, and also observe such other guidelines as prescribed by the Central Government. 
  • An intermediary is a service that facilitates people to use the Internet, such as Internet Services Providers (ISPs), search engines and social media platforms.
  • Conduits: Technical providers of internet access or transmission services.
  • Hosts: Providers of content services (online platforms, storage services).
  • Information Technology Intermediary Guidelines (Amendment) Rules were first released in 2011 and in 2018, the government made certain changes to those rules.
  • In 2018, there was a rise in the number of mob lynchings spurred by fake news & rumours and messages circulated on social media platforms like WhatsApp.
  • To curb this, the government proposed stringent changes to Section 79 of the IT Act.

What do the Rules say?

  • According to the 2018 Rules, social media intermediaries should publish rules and privacy policies to curb users from engaging in online material which is paedophilic, pornographic, hateful, racially and ethnically objectionable, invasive of privacy, etc.
  • The 2018 Rules further provide that whenever an order is issued by government agencies seeking information or assistance concerning cybersecurity , then the intermediaries must provide them the same within 72 hours.
  • The Rules make it obligatory for online intermediaries to appoint a ‘Nodal person of Contact’ for 24X7 coordination with law enforcement agencies and officers to ensure compliance.
  • The intermediaries are also required to deploy such technologies based on automated tools and appropriate mechanisms for the purpose of identifying or removing or disabling access to unlawful information.
  • The changes will also require online platforms to break end-to-end encryption in order to ascertain the origin of messages.
  • Online Intermediaries are required to remove or disable access to unlawful content within 24 hours. They should also preserve such records for a minimum period of 180 days for the purpose of investigations.

Rationale behind the Rules

  • The government intends to make legal frameworks in order to make social media accountable under the law and protect people and intermediaries from misusing the same.
  • The government wants to curb the spread of fake news and rumours, and also pre-empt mob violence/lynching.
  • There is a need to check the presentation of incorrect facts as news by social media, that instigates people to commit crimes.

There has been criticism of the Rules from certain quarters, that says that the State is intruding into the privacy of the individual. Some also say that this law widens the scope of state surveillance of its citizens. These criticisms are notwithstanding the fact that the new Rules are in line with recent SC rulings. 

  • Tehseen S. Poonawalla case (2018): SC said that authorities have full freedom to curb the dissemination of explosive and irresponsible messages on social media, that could incite mob violence and lynchings.
  • Prajwala Letter case (2018): SC ordered the government to frame the necessary guidelines to “eliminate child pornography, rape and gang rape imagery, videos, and sites in content hosting platforms and other applications”.

Frequently Asked Questions Related to Information Technology Act 2000

What is the main provision of it act 2000, what are the features of it act 2000.

Features of the Information Technology Act, 2000

  • All electronic contracts created through secure electronic channels were legally valid.
  • Legal recognition for digital signatures.
  • Security measures for electronic records and conjointly digital signatures are in place.

How many sections are in the IT Act 2000?

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  • Information Technology Act, 2000

The Information Technology Act, 2000 or ITA, 2000 or IT Act, was notified on October 17, 2000. It is the law that deals with cybercrime and electronic commerce in India . In this article, we will look at the objectives and features of the Information Technology Act, 2000.

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information technology act 2000 assignment

In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-commerce) to bring uniformity in the law in different countries.

Further, the General Assembly of the United Nations recommended that all countries must consider this model law before making changes to their own laws. India became the 12th country to enable cyber law after it passed the Information Technology Act, 2000.

information technology act, 2000

                                                                                        Source: Pixabay

While the first draft was created by the Ministry of Commerce, Government of India as the ECommerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999’, and passed in May 2000.

Objectives of the Act

The Information Technology Act, 2000 provides legal recognition to the transaction done via electronic exchange of data and other electronic means of communication or electronic commerce transactions.

This also involves the use of alternatives to a paper-based method of communication and information storage to facilitate the electronic filing of documents with the Government agencies.

Further, this act amended the Indian Penal Code 1860 , the Indian Evidence Act 1872, the Bankers’ Books Evidence Act 1891, and the Reserve Bank of India Act 1934. The objectives of the Act are as follows:

  • Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of communication or e-commerce , in place of the earlier paper-based method of communication.
  • Give legal recognition to digital signatures for the authentication of any information or matters requiring legal authentication
  • Facilitate the electronic filing of documents with Government agencies and also departments
  • Facilitate the electronic storage of data
  • Give legal sanction and also facilitate the electronic transfer of funds between banks and financial institutions
  • Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934, for keeping the books of accounts in electronic form.

Features of the Information Technology Act, 2000

  • All electronic contracts made through secure electronic channels are legally valid.
  • Legal recognition for digital signatures.
  • Security measures for electronic records and also digital signatures are in place
  • A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
  • Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal will handle all appeals made against the order of the Controller or Adjudicating Officer.
  • An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
  • Digital Signatures will use an asymmetric cryptosystem and also a hash function
  • Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and regulate the working of Certifying Authorities. The Controller to act as a repository of all digital signatures.
  • The Act applies to offences or contraventions committed outside India
  • Senior police officers and other officers can enter any public place and search and arrest without warrant
  • Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.

Applicability and Non-Applicability of the Act

Applicability

According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In order to include Jammu and Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and provides extra-territorial jurisdiction.

Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention committed outside India as well. If the conduct of person constituting the offence involves a computer or a computerized system or network located in India, then irrespective of his/her nationality, the person is punishable under the Act.

Lack of international cooperation is the only limitation of this provision .

Non-Applicability

According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents:

  • Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques.
  • Execution of a Power of Attorney under the Powers of Attorney Act, 1882.
  • Creation of Trust under the Indian Trust Act, 1882.
  • Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called.
  • Entering into a contract for the sale of conveyance of immovable property or any interest in such property.
  • Any such class of documents or transactions as may be notified by the Central Government in the Gazette.

Solved Question for You

Q1. What are the objectives of the Information Technology Act, 2000?

The primary objectives of the IT Act, 2000 are:

  • Granting legal recognition to all transactions done through electronic data exchange, other means of electronic communication or e-commerce in place of the earlier paper-based communication.
  • Providing legal recognition to digital signatures for the authentication of any information or matters requiring authentication.
  • Facilitating the electronic filing of documents with different Government departments and also agencies.
  • Facilitating the electronic storage of data
  • Providing legal sanction and also facilitating the electronic transfer of funds between banks and financial institutions.
  • Granting legal recognition to bankers for keeping the books of accounts in an electronic form. Further, this is granted under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934 .

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What was the Purpose of Introducing The Information Technology Act, 2000?

The Information Technology Act, 2000 assignment help aims to covers the basics of all the legal acts along with the purpose for which these were launched. Government of India thought of enacting The Information Technology (I.T.) Act, 2000 to meet some common objectives. Precisely, these objectives were targeted at delivering and facilitating all the legal digital, electronic , and online transactions in order to avoid the risk of cybercrimes. Students studying the scheme of this I.T Act must know that it comprises of 13 chapters and in total of 90 sections.

Sections 91 to 94 are its last 4 sections are entirely dedicated to deals with amendments to The Indian Evidence Act 1872, Indian Penal Code 1860, the Reserve Bank of India Act 1934 and The Bankers’ Books Evidence Act 1891 were deleted. Its chapter include respective content that explains about the validation of digital signatures, electronic records, electronic signatures, etc. to mitigate online crimes. Additionally, it has other chapters that solely handle the listing of all offences and respective penalties. These are further clubbed with content that explains about the role of intermediaries, due diligence, and miscellaneous provisions.

The Information Technology Act, 2000 assignment help is also sought after to understand its two schedules. In this, First Schedule comprises of Documents or Transactions that are excluded from the purview of this Act. On the other hand, Second Schedule include all the techniques related to electronic signature or electronic authentication.

Discussing the Application of the I.T Act, 2000

Taking forward the explanation of Section 1, sub clause (4), this Act exempts the following:

  • All the Negotiable Instruments (except a cheque) as given in the Negotiable Instruments Act, 1881, section 13
  • Power-of-attorney as defined in Powers-of-Attorney Act, 1882; section 1A
  • Any contract for sale or transportation of immovable property
  • A trust as defined in the Indian Trusts Act, 1882; section 3
  • A will as defined in Indian Succession Act, 1925, section 2 clause (h)

Salient Features of I.T Act, 2000

The Information Technology Act, 2000 assignment help discussed and outlines about the important features of this I.T Act. These are described below:

  • It finds its base from The Reserve Bank of India Act, 1934, The Indian Evidence Act, 1872, the Indian Penal Code, 1860, The Bankers’ Books Evidence Act, 1891, etc.
  • Replacement of Digital signature with electronic signature to enforce a better technology neutral act.
  • It defines each and every aspect concerning penalties, offenses, and breaches.
  • It summaries the Justice Dispensation Systems which are dedicated to deal with cyber-crimes.
  • It explains a new section which in cybercafé, a place from where internet is accessed
  • It explains every detail about Constitution of Cyber Regulations Advisory Committee.
  • It is inclusive of Section 81, which has put this act under overriding effect. As per this provision, a person can enjoy absolute rights conferred under the Copyright Act, 1957 without facing restrictions from this Act

Apart from the above listed features, this act has other significances that are:

  • It emphasizes on maintaining privacy by factoring all the issues and highlights related to information security.
  • It explains everything about Digital Signature and delivers explanation about the rational security practices followed by corporate entities.
  • It lays importance on the role performed by Intermediaries.
  • It is inclusive of new provisions and rules concerning Cyber Crime

Intermediary Liability Explained in The Information Technology Act, 2000

Intermediary, is defined as a person who is acting on behalf of another person/party in accepting, storing or transmitting specific electronic records or rendering any other service linked with that record. Intermediaries can be explained or illustrated as Web-hosting Service Providers, Network Service Providers, Telecom Service Providers and Internet Service Providers. Also, these exists in non-tangible forms such as Online payment sites, Search engines, Cyber Cafes, Online Auction Sites, Online Marketplaces, among others.

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Electronic mail security, ip security, web security, malicious software, information technology act, 2000 (india).

The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information Technology Act is based on the United Nations Model law on Electronic Commerce 1996 (UNCITRAL Model) which was suggested by the General Assembly of United Nations by a resolution dated on 30th January, 1997. It is the most important law in India dealing with Cybercrime and E-Commerce. 

The main objective of this act is to carry lawful and trustworthy electronic, digital and online transactions and alleviate or reduce cybercrimes. The IT Act has 13 chapters and 94 sections. The last four sections that starts from ‘section 91 – section 94’, deals with the revisions to the Indian Penal Code 1860. 

The IT Act, 2000 has two schedules: 

  • First Schedule –   Deals with documents to which the Act shall not apply.
  • Second Schedule –   Deals with electronic signature or electronic authentication method.

The offences and the punishments in IT Act 2000 :  The offences and the punishments that falls under the IT Act, 2000 are as follows :-

  • Tampering with the computer source documents.
  • Directions of Controller to a subscriber to extend facilities to decrypt information.
  • Publishing of information which is obscene in electronic form.
  • Penalty for breach of confidentiality and privacy.
  • Hacking for malicious purposes.
  • Penalty for publishing Digital Signature Certificate false in certain particulars.
  • Penalty for misrepresentation.
  • Confiscation.
  • Power to investigate offences.
  • Protected System.
  • Penalties for confiscation not to interfere with other punishments.
  • Act to apply for offence or contravention committed outside India.
  • Publication for fraud purposes.
  • Power of Controller to give directions.

Sections and Punishments under Information Technology Act, 2000 are as follows :

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Critical Assessment of Information Technology Act, 2000

  • Denial of Service
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  • History Elevation in the working pattern of humans has always made them ambitious regarding advancement in the field of technology. The use of technology as a mode of communication has made the internet an indispensable part of our lives. At the same time, it is disadvantageous if handed over to the wrong hands, which would be more dangerous than physical crimes or any war. Crime is no longer compact to the physical environment but has gained access to the digital platform as cybercrime. A model law on Electronic Commerce was brought by the united commission on international trade law in 1996; this effort, for the first time, led to uniformity in the laws of different countries. In January 1997, the general assembly of united nations, through a resolution, commended that all states should contemplate this model law when they enact or revise their laws. The information technology act 2000 is also in accordance with the model law. The Indian parliament on 15th may 2000 passed the I.T. Act 2000, which was approved by the then-president in June 2000 and was enforced on October 17, 2000. Ministry of commerce drafted the first draft known as the E-commerce act 1998, which was redrafted as the technology bill 1999; all the other Act was amended (Indian Penal Code, The Indian evidence act, the Bankers Book Evidence Act, and the reserve bank of India act) after enactment of I.T. Act 2000. The provision in the I.T. Act is not only applicable in India but is also applicable to offenses committed overseas. For offenses committed outside India, section 12 and section 75 of the I.T. Act is applicable. Later various amendments were made by the government in the year 2006, and the final draft was of Information Technology (Amendment) act 2008; the major changes were made in section 43 of the Act. It added two sub-clauses to escalate the scope of contraventions in section 43 and to help victims of such crimes by providing them remedies. Although section 43(3) was amended and changes were made for the betterment of people, yet there are many sections of the Act that require certain changes, and makers should address them and make the required amendments.  
  • To promote legal recognition to all or any digital transaction done through electronic exchange of information or e-commerce;
  • Legalizing digital signature for sanctioning any data that demand legal recognition;
  • Allows electronic filing of a document with the government agencies;
  • Recognition transfer of funds through electronic means between banks and money establishments;
  • Facilitate banks for keeping banks of account in electronic form. (Proof Act,1891 Bank of India Act 1934)

Features Of Information Technology (Amendment) Act, 2008

  • Liability of corporate body possessing, dealing or handling any personal information or data, if commit any wrongful gain or wrongful loss of such information Under section 43(A) of this amendment, any corporate body, including a firm or association indulged in commercial or professional activity, is liable to pay damages to the person whose sensitive personal information is lost or the company wrongfully use such information to gain any profit by sharing such details.  
  • Spam and Fishing There is no express provision for these offenses, but it is an interpretation implied through section 66 (A). Any person who sends offensive, menacing information or sends false information with the intention of causing annoyance, danger, inconvenience, insult, injury, etc., is punished with an imprisonment of three years and a fine.  
  • Liability for retention of any stolen computer resources or communication devices Section 66(B) of Information Technology amendment Act 2008 penalizes a person who dishonestly receives or retains any stolen computer resources or communication devices with imprisonment of three years or fine which tunes up to 1 lakh rupees or with both.(4)  
  • Dishonest use of Digital signature Albeit the concept of digital signature was introduced long back in 2000, but punishment with regards to the misuse of such signature came only after the amendment of 2008, seems like a huge drawback. Any person who dishonestly uses someone else's digital signature can be awarded with an imprisonment of three years or with a fine that may extend to one lakh rupees under Section 66(C).  
  • Cheating Section 66(D) of I.T. Amendment Act 2008 lays down punishment for cheating through computer resources. For the commission of same, a person can be punished with an imprisonment of three years or with a fine that may extend to one lakh rupee.  
  • Denial to a person authorized to access one's computer resource;
  • Breaching into a computer resource without authorization or exceeding authorized access;
  • Introducing any computer contaminant as a consequence causing injury to the user to destroying any property through such Act;
  • Knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offense of cyber terrorism(4).

Drawbacks Of It Act, 2000 And Amendment Of 2008

  • The major loophole in the I.T. Act is its effective execution; the Act does not encompass action that infringes any law or other offenses that come under the preview of this Act, certain aspects related to technological advancement are also not included under the Information (Amendment) Act 2008. The Act does not contain provisions to deal with cases related to online defamation. Although some are of the opinion that section 66A of the Act is related to the offense of sending offensive communication, the section does not include the word defamation in it. The section brings worth punishment in the form of imprisonment to the offender. According to Dr. T. Bhattacharya, "unless the word of the statute makes an act criminal shall not be constructed, criminal." Supreme court in March 2015 took down section 66A of the I.T. Act in Shreya Singhal V. Union of India A.I.R. 2015 SC 1523 because Section 66A of the Act as violating the fundamental right of freedom of speech and expression.  
  • Privacy is another aspect that requires the attention of lawmakers, but in reality, there is no mention of this issue in any law or enactment. The legislature, while enacting the I.T. Act 2000, to a great extent overlooked the issue of privacy of personally identifiable information. Although section 72 of the I.T. Act, 2000 provides certain provisions for the same. However, the horizon of the section has been narrowed, and it does not cover every aspect related to privacy in this cyber world. The I.T. Act also lacks a common technological facet that is required while investigating a case of cybercrime. One such is Internet Protocol Address or, in short, I.P. Address. Through the I.P. address, the geographical location of such person can be traced, as when the user visits the website, the I.P. address of the user is recorded by the server of the website (Report of Privacy Rights Clearing House 2013). An I.P. address acts as the digital footprint of the user. The web server uses cookies to track the action of the user also track the sites browsed by the browser. As a result, the user gets numerous customized displays, advertisements including many mails containing junk files. Likewise, other malicious techniques are used to gain the private information of the user. For instance, various malware is used to acquire the personal information of the browser, such as Global unique Identifiers, web bugs, etc. All these digital activities, which could hamper the personal information of millions of people, are not covered under the Information Technology Act 2000.  
  • Another limitation is absences in clarity of offenses for which other legislations are referred. For instance, the Indian penal Code 1860 is used when any offense of cheating has been committed by any person by using computer resources. If a comparison is made between section 66D of Information Technology 2000 and the Indian penal Code,1860, one notable distinction is that prior one does not include Men's rea as an element to constitute the offense of cheating by a person using computer resource, but in later one men's rea is an element to constitute an offense of cheating by using computer resources. The report of the Working group of R.B.I. on electronic banking shows an amendment made in section 66D of I.T. Act,2000 includes the offense cheating by personation, but the Act fails 152 to include punishment for the offense of phishing. Other aspects of cybercrime are online fraud which includes investment and business opportunities, online auctions, credit card issuing scandal, etc. are not covered under Information Technology Act,2000. An offense committed through an online platform requires the presence of actus reus and men's rea as require in a crime committed in a physical environment. Actus reus is committing an offense, and men's rea means an intention to commit an offense which may include intention planning and so on. To determine the presence of men's rea in hacking is to check whether the offender was aware of such offense at the time of commission. On the part of the hacker, there must be the intention to direct any computer or a particular computer to access the required information. In such cases, it is very difficult to prove whether the intention was present or not.  
  • I.T. (Amendment) Act,2008 does not include a provision that ensures protection of data of the user while using net banking. It's high time when the lawmakers take some urgent steps to conserve and protect the data of individuals, which are being handled by various banks and companies.  
  • The I.T. (Amendment) Act, 2008 also fails to address offenses related to identity theft. Another lacuna in the I.T. Act, 2000 is the absence of provisions for development of infrastructure to defend cyber-attack from external sources. Mechanism to control cyber-attack must be included under I.T. Act,2000. It is also silent in antitrust issues.  
  • Provisions related to proper intellectual property protection of electronic information and data are also not present in I.T. Act,2000. Issues related to copyright, trademark, and patents have been neglected and overlooked by lawmakers.
  • Section 59(1) of the Act defines "legal practitioner" as the only person who can represent the appellant, which in the real field seems inefficient by the fact that the I.T. act is perse technical and demands expert knowledge on the concerned subject. So instead of the statute, the cyber appellate tribunal should be vested with the power to determine who can represent the appellant.  
  • Since we have penetrated deep into the use of cell phone and cutting edge operating systems, I.T. Act need to address crimes done through these devices such as data theft, privacy breach by bogus websites through cookies, etc.  
  • Section 66 (A) of the Act meant to protect the fundamental right of people through putting restriction and stringent action in case of any vagueness this could have been corrected and not invalidated. A replacement of section 66 (A) with high clarity is the need of the hour. It was posing a threat to criminal sharing grossly offensive and menace in character and not for the general public.  
  • Priyanjali Karmakar, Types of Cyber Crime and its Causes, LEGALSERVICESINDIA (Apr 24, 2021, 2:15 PM), http://www.legalserviceindia.com/legal/article-3042--types-of-cyber-crime-and-its-causes.html
  • PTI, 3.17 lakh cybercrimes in India in just 18 months, says govt, THE HINDU (Apr 24, 2021, 2:15 PM), https://www.thehindu.com/sci-tech/technology/317-lakhs-cybercrimes-in-india-in-just-18-months-says-govt/arti cle34027225.ece
  • I.T. Act 2000
  • The Section 66 (F), I.T. (Amendment) Act 2008
  • Internet Crime Report, 2020, IC3 (Apr. 24, 2021, 2:18 PM), https://www.ic3.gov/Media/PDF/AnnualReport/ 2020_IC3Report.pdf
  • Maxim May, Federal Computer Crime Laws, SANS (Apr. 24, 2021, 2:20 PM), https://www.sans.org/readingroom/whitepapers/legal/federal-computer-crime-laws-1446
Award Winning Article Is Written By: Mr.Gaurav Saluja Authentication No: MY313336543556-13-0523

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  • 1. Procedure for Blocking of Websites
  • 1. Short title and commencement.
  • 2. Definitions.
  • 3. Powers and functions of the Chairperson of the Cyber Appellate Tribunal.
  • 3. Committee for Investigation of complaints.
  • 4. Judge to conduct inquiry.
  • 5. Application of the Departmental Inquiries (enforcement of Witness and Production of Documents) Act, 1972 to Inquiries under the rules.
  • 6. Powers of Judge.
  • 7. Suspension of Chairperson or Member.
  • 8. Subsistence allowance.
  • 9. Inquiry Report.
  • 3. Salary and allowances.
  • 5. Leave sanctioning authority.
  • 6. Pension or Provident Fund.
  • 7. Travelling and daily allowances.
  • 8. Leave travel concession.
  • 9. Facility of Conveyance.
  • 10. House rent allowance.
  • 11. Facilities for medical treatment.
  • 12. Oath of office and Secrecy.
  • 13. Declaration of financial or other interest.
  • 14. Residuary provision.
  • 1. Short title and commencement
  • 2. Definitions
  • 3. Salary and allowances
  • 5. Leave sanctioning authority
  • 6. Pension or Provident Fund
  • 7. Travelling and daily allowances
  • 8. Leave travel concession
  • 9. Facility of conveyance
  • 10. House rent allowance
  • 11. Facilities for medical treatment
  • 12. Oath of office and secrecy
  • 13. Declaration of financial or other interest
  • 14. Residuary provision
  • 3. Committee for investigation of complaints
  • 4. Judge to conduct inquiry
  • 5. Application of the Departmental Inquiries (Enforcement of Witness and Production of Documents) Act, 1972 to inquiries under these rules
  • 6. Powers of Judge
  • 7. Suspension of Presiding officer
  • 8. Subsistence allowance
  • 9. Inquiry Report
  • 7. Travelling allowances
  • 8. Leave Travel Concession
  • 10. Accommodation
  • 12. Residuary provision
  • 2. Application
  • 3. Number of posts, classification and scale of pay
  • 4. Method of recruitment, age limit and other qualifications, etc
  • 5. Disqualification
  • 6. Power to relax
  • 3. Procedure for filing applications
  • 4. Presentation and scrutiny of applications
  • 5. Place of filing application
  • 6. Application Fee
  • 7. Contents of application
  • 8.Paper book, etc. to accompany the application
  • 9. Plural remedies
  • 10. Service of notice of application on the respondents
  • 11. Filing of reply and other documents by therespondent
  • 12. Date and place of hearing to be notified
  • 13. Sittings of the Tribunal
  • 14. Decision on applications
  • 15. Action on application for applicant 's default
  • 16. Hearing on application ex parte
  • 17. Adjournmentof application
  • 18. Order to be signed and dated
  • 19. Publication of orders
  • 20. Communication of orders to parties
  • 21. Nofee for inspection of records
  • 22. Orders and directions in certain cases
  • 23. Registration of legal practitioners clerks
  • 24. Working hours of the Tribunal
  • 25. Sitting hours of the Tribunal
  • 26. Powers and functions of the Registrar
  • 27. Additional powers and duties of Registrar
  • 28. Seal and emblem
  • 3. Manner of authentication of information by means of digital signature.
  • 4. Creation of digital signature.
  • 5. Verification of digital signature.
  • 6. Verification of Digital Signature Certificate.
  • 7. Digital signature standards.
  • 8. Manner of authentication of information by means of xml digital signature.
  • 9. Creation of xml digital signature.
  • 10. Verification of xml digital signature.
  • 11. The xml digital signature standards.
  • 13. Digital Signature functions Standard.
  • 3. Meeting and the manner of conducting business.
  • 4. Functions and manner of exercising thereof.
  • 5. Travelling and other allowances.
  • 3. The manner in which information be authenticated by means of Digital Signature
  • 4. Creation of Digital Signature
  • 5. Verification of Digital Signature
  • 6. Standards
  • 7. Digital Signature Certificate Standard
  • 8. Licensing of Certifying Authorities
  • 9. Location of the facilities
  • 10. Submission of application
  • 12. Cross certification
  • 13. Validity of licence
  • 14. Suspension of licence
  • 15. Renewal of licence
  • 16. Issuance of licence
  • 17. Refusal of licence
  • 18. Governing Laws
  • 19. Security guidelines for Certifying Authorities
  • 20. Commencement of operation by Licensed Certifying Authorities
  • 21. Requirements prior to Cessation as Certifying Authority
  • 22. Database of Certifying Authorities
  • 23. Digital Signature Certificate
  • 24. Generation of Digital Signature Certificate
  • 25. Issue of Digital Signature Certificate
  • 26. Certificate lifetime
  • 27. Archival of Digital Signature Certificate
  • 28. Compromise of Digital Signature Certificate
  • 29. Revocation of Digital Signature Certificate
  • 30. Fees for issue of Digital Signature Certificate
  • 32. Auditor 's relationship with Certifying Authority
  • 33. Confidential information
  • 34. Access to confidential information
  • 3. Terms and conditions of licence to issue Digital Signature Certificate
  • 4. The standards followed by the Certifying Authority for carrying out its functions
  • 5. Every Certifying Authority shall disclose
  • 6. Communication of compromise of Private Key
  • 3. Educational qualifications and experience.
  • 4. Terms and conditions of service of the Controller.
  • 5. Pay and allowances.
  • 6. Power to relax.
  • 3. System of Electronic Service Delivery.
  • 4. Notification of Electronic Service Delivery.
  • 5. Creation of repository of electronically signed electronic records by Government Authorities.
  • 6. Procedure for making changes in a repository of electronically signed electronic records.
  • 7. Responsibility of service provider and authorised agents for financial management and accounting.
  • 8. Audit of the Information System and Accounts of service provider and authorised agents.
  • 9. Use of special stationery in electronic service delivery.
  • 3. Agency for registration of cyber cafe.
  • 4. Identification of User.
  • 5. Log Register.
  • 6. Management of Physical Layout and computer resource.
  • 7. Inspection of Cyber Cafe.
  • 1. Short Title and Commencement.
  • 3. Information Security Practices and Procedures for "Protected System".
  • 4. Roles and Responsibilities of "Protected System(s)" towards National Critical Information Infrastructure Protection Centre.
  • 3. Due diligence to be observed by intermediary.
  • 3. Due diligence by an intermediary.
  • 3A. Appeal to Grievance Appellate Committee(s).
  • 4. Additional due diligence to be observed by significant social media intermediary.
  • 5. Additional due diligence to be observed by an intermediary in relation to news and current affairs content.
  • 6. Notification of other intermediary.
  • 7. Nonobservance of Rules.
  • 8. Application of this Part.
  • 9. Observance and adherence to the Code.
  • 10. Furnishing and processing of grievance.
  • 11. SelfRegulating mechanism at Level I.
  • 12. Selfregulating body.
  • 13. Oversight mechanism.
  • 14. InterDepartmental Committee.
  • 15. Procedure for issuing of direction.
  • 16. Blocking of information in case of emergency.
  • 17. Review of directions issued.
  • 18. Furnishing of information.
  • 19. Disclosure of Information.
  • 3. Powers of Cyber Appellate Tribunal
  • 3. Standards to be observed by the Controller
  • 3. Appointment of Digital Locker Authority.
  • 4. Digital Locker System.
  • 5. Operation of Digital Locker System.
  • 6. Location of the Facilities.
  • 7. The manner in which Digital Locker system be used by Subscriber.
  • 8. The manner in which Digital Locker system be used by requester.
  • 9. The manner in which Digital Locker system be used by issuer.
  • 9A. Issuing certificates or documents in Digital Locker System and accepting certificates or documents shared from Digital Locker Account at par with Physical Documents.
  • 10. Role of Digital Locker service providers.
  • 11. Digital Locker service provider to ensure compliance of the Act, etc.
  • 12. Appointment of grievance officer by the Digital Locker service provider for dispute resolution.
  • 13. Suspension and revocation of Digital Locker account.
  • 14. Control of Digital Locker account credentials.
  • 15. Fees for opening Digital Locker account.
  • 16. Portability of Digital Locker account of subscriber.
  • 18. Auditor's relationship with Digital Locker service provider.
  • 19. Confidential Information.
  • 20. Access to confidential information.
  • 21. Maintenance of reasonable security practices.
  • 3. Directions for monitoring
  • 4. Authorised agency of Government for monitoring and collection of traffic data or information
  • 5. Intermediary to ensure effective check in handling monitoring or collection of traffic data or information
  • 6. Responsibility of intermediary
  • 7. Review of directions of competent authority
  • 8. Destruction of records
  • 9. Prohibition of monitoring or collection of traffic data or information without authorisation
  • 10. Prohibition of disclosure of traffic data or information by authorised agency
  • 11. Maintenance of confidentiality
  • 3. Designated officer
  • 4. Nodal officer of organisation
  • 5. Direction by Designated officer
  • 6. Forwarding of request by organisation
  • 7. Committee for examination of request
  • 8. Examination of request
  • 9. Blocking of information in cases of emergency
  • 10. Process of order of Court for blocking of information
  • 11. Expeditious disposal of request
  • 12. Action for non-compliance of direction by intermediary
  • 13. Intermediary to designate one person to receive and handle directions
  • 14. Meeting of Review Committee
  • 15. Maintenance of records by Designated officer
  • 16. Requests and complaints to be confidential
  • 3. Eligibility for Adjudicating officer
  • 4. Scope and manner of holding inquiry
  • 5. Order of the Adjudicating officer
  • 6. Copy of the order
  • 7. Service of notices and orders
  • 9. Duplicity avoided
  • 10. Frivolous complaints
  • 11. Compounding of contraventions
  • 12. Certifying Authorities and other Governmental agencies to assist
  • 3. Sensitive personal data or information.
  • 4. Body corporate to provide policy for privacy and disclosure of information.
  • 5. Collection of information.
  • 6. Disclosure of information.
  • 7. Transfer of information.
  • 8. Reasonable Security Practices and Procedures.
  • 1. Short title and Commencement.
  • 3. Recognition of foreign certifying authorities which operate under a regulatory authority in that country.
  • 3. Criteria for recognition of foreign certifying authorities which does not operates under any regulatory authority.
  • 3. Secure electronic record
  • 4. Secure digital signature
  • 3. Filing of form, application or any other document
  • 4. Issue or grant of any licence, permit, sanction or approval
  • 5. Payment and receipt of fee or charges
  • 1. Short title, extent, commencement and application
  • 3. Authentication of electronic records
  • 3-A. Electronic signature
  • 4. Legal recognition of electronic records
  • 5. Legal recognition of electronic signatures
  • 6. Use of electronic records and electronic signatures in Government and its agencies
  • 6-A. Delivery of services by service provider
  • 7. Retention of electronic records
  • 7-A. Audit or documents, etc., maintained in electronic form
  • 8. Publication of rule, regulation, etc., in Electronic Gazette
  • 9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
  • 10. Power to make rules by Central Government in respect of electronic signature
  • 10-A. Validity of contracts formed through electronic means
  • 11. Attribution of electronic records
  • 12. Acknowledgement of receipt
  • 13. Time and place of despatch and receipt of electronic record
  • 14. Secure electronic record
  • 15. Secure electronic signature
  • 16. Security procedures and practices
  • 17. Appointment of Controller and other officers
  • 18. Functions of Controller
  • 19. Recognition of foreign Certifying Authorities
  • 20. Controller to act as repository
  • 21. Licence to issue Electronic Signature Certificates
  • 22. Application for licence
  • 23. Renewal of licence
  • 24. Procedure for grant or rejection of licence
  • 25. Suspension of licence
  • 26. Notice of suspension or revocation of licence
  • 27. Power to delegate
  • 28. Power to investigate contraventions
  • 29. Access to computers and data
  • 30. Certifying Authority to follow certain procedures
  • 31. Certifying Authority to ensure compliance of the Act, etc
  • 32. Display of licence
  • 33. Surrender of licence
  • 34. Disclosure
  • 35. Certifying authority to issue Electronic Signature Certificate
  • 36. Representations upon issuance of Digital Signature Certificate
  • 37. Suspension of Digital Signature Certificate
  • 38. Revocation of Digital Signature Certificate
  • 39. Notice of suspension or revocation
  • 40. Generating key pair
  • 40-A. Duties of subscriber of Electronic Signature Certificate
  • 41. Acceptance of Digital Signature Certificate
  • 42. Control of private key
  • 43. Penalty and compensation for damage to computer, computer system, etc
  • 43-A. Compensation for failure to protect data
  • 44. Penalty for failure to furnish information, return, etc
  • 45. Residuary penalty
  • 46. Power to adjudicate
  • 47. Factors to be taken into account by the adjudicating officer
  • 48. Establishment of Cyber Appellate Tribunal
  • 49. Composition of Cyber Appellate Tribunal
  • 50. Qualifications for appoint ment as Chairperson and Members of Cyber Appellate Tribunal
  • 51. Term of office, conditions of service, etc., of Chairperson and Members
  • 52. Salary, allowances and other terms and conditions of service of Chairperson and Members
  • 52-A. Powers of superintendence, direction, etc
  • 52-B. Distribution of business among Benches
  • 52-C. Power of Chairperson to transfer cases
  • 52-D. Decision by majority
  • 53. Filling up of vacancies
  • 54. Resignation and removal
  • 55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
  • 56. Staff of the Cyber Appellate Tribunal
  • 57. Appeal to Cyber Appellate Tribunal
  • 58. Procedure and powers of the Cyber Appellate Tribunal
  • 59. Right to legal representation
  • 60. Limitation
  • 61. Civil Court not to have jurisdiction
  • 62. Appeal to High Court
  • 63. Compounding of contraventions
  • 64. Recovery of penalty or compensation
  • 65. Tampering with computer source documents
  • 66. Computer related offences
  • 66-A. Punishment for sending offensive messages through communication service, etc
  • 66-B. Punishment for dishonestly receiving stolen computer resource or communication device
  • 66-C. Punishment for identity theft
  • 66-D. Punishment for cheating by personation by using computer resource
  • 66-E. Punishment for violation of privacy
  • 66-F. Punishment for cyber terrorism
  • 67. Punishment for publishing or transmitting obscene material in electronic form
  • 67-A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
  • 67-B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
  • 67-C. Preservation and retention of information by intermediaries
  • 68. Power of Controller to give directions
  • 69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource
  • 69-A. Power to issue directions for blocking for public access of any information through any computer resource
  • 69-B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
  • 70. Protected system
  • 70-A. National nodal agency
  • 70-B. Indian Computer Emergency Response Team to serve as national agency for incident response
  • 71. Penalty for misrepresentation
  • 72. Penalty for breach of confidentiality and privacy
  • 72-A. Punishment for disclosure of information in breach of lawful contract
  • 73. Penalty for publishing Electronic Signature Certificate false in certain particulars
  • 74. Publication for fraudulent purpose
  • 75. Act to apply for offence or contravention committed outside India
  • 76. Confiscation
  • 77. Compensation, penalties or confiscation not to interfere with other punishment
  • 77-A. Compounding of offences
  • 77-B. offences with three years imprisonment to be bailable
  • 78. Power to investigate offences
  • 79. Exemption from liability of intermediary in certain cases
  • 79-A. Central Government to notify Examiner of Electronic Evidence
  • 80. Power of police officer and other officers to enter, search, etc
  • 81. Act to have overriding effect
  • 81-A. Application of the Act to electronic cheque and truncated cheque
  • 82. Chairperson, Members, officers and employees to be public servants
  • 83. Power to give directions
  • 84. Protection of action taken in good faith
  • 84-A. Modes or methods for encryption
  • 84-B. Punishment for abetment of offences
  • 84-C. Punishment for attempt to commit offences
  • 85. offences by companies
  • 86. Removal of difficulties
  • 87. Power of Central Government to make rules
  • 88. Constitution of Advisory Committee
  • 89. Power of Controller to make regulations
  • 90. Power of State Government to make rules
  • 91. Amendment of Act 45 of 1860
  • 92. Amendment of Act 1 of 1872
  • 93. Amendment of Act 18 of 1891
  • 94. Amendment of Act 2 of 1934
  • 3. Directions for Interception or monitoring or decryption of any information
  • 4. Authorisation of agency of Government
  • 5. Issue of decryption direction by competent authority
  • 6. Interception or monitoring or decryption of information by a State beyond its jurisdiction
  • 7. Contents of direction
  • 8. Competent authority to consider alternative means in acquiring information
  • 9. Direction of interception or monitoring or decryption of any specific information
  • 10. Direction to specify the name and designation of the officer to whom information to be
  • 11. Period within which direction shall remain in force
  • 12. Authorised agency to designate nodal officer
  • 13. Intermediary to provide facilities, etc
  • 14. Intermediary to designate officers to receive and handle requisition
  • 15. Acknowledgement of instruction
  • 16. Maintenance of records by designated officer
  • 17. Decryption key holder to disclose decryption key or provide decryption assistance
  • 18. Submission of list of interception or monitoring or decryption of information
  • 19. Intermediary to ensure effective check in handling matter of interception or monitoring or
  • 20. Intermediary to ensure effective check in handling matter of interception or monitoring or
  • 21. Responsibility of intermediary
  • 22. Review of directions of competent authority
  • 23. Destruction of records of interception or monitoring or decryption of information
  • 24. Prohibition of interception or monitoring or decryption of information without authorisation
  • 25. Prohibition of disclosure of intercepted or monitored or decrypted information
  • 2. Definition.
  • 3. Medical facilities.
  • 4. Other matters relating to medical facilities.

The Information Technology Act, 2000

(21 of 2000)

Last Updated 2nd December, 2020 [13/632]

Preliminary

(a) "access", with its grammatical variations and cognate expressions, means gaining entry into, instructing or communicating with the logical, arithmetical or memory function resources of a computer, computer system or computer network;

(b) "addressee"means a person who is intended by the originator to receive the electronic record but does not include any intermediary;

(c) "adjudicating officer"means an adjudicating officer appointed under sub-section (1) of section 46;

( d) "affixing [electronic signature] ", with its grammatical variations and cognate expressions, means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of [electronic signature] ;

(e) "appropriate Government"means as respects any matter,-

(i) enumerated in List II of the Seventh Schedule to the Constitution;

(ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government;

(f) "asymmetric crypto system"means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;

(g) "Certifying Authority"means a person who has been granted a License to issue a [Electronic Signature] Certificate under section 24;

(h) "certification practice statement"means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing [Electronic Signature] Certificates;

[(ha) "communication device"means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;]

(i) "computer"means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;

[(j) "computer network"means the inter-connection of one or more computers or computer systems or communication device through-

(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and

(ii) terminals or a complex consisting of two or more inter-connected computers or communication device whether or not the inter-connection is continuously maintained;]

(k) "computer resource"means computer, computer system, computer network, data, computer database or software;

(l) "computer system"means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;

(m) "Controller"means the Controller of Certifying Authorities appointed under sub-section (1) of section 17;

(n) "Cyber Appellate Tribunal"means the Cyber [* * *] Appellate Tribunal established under sub-section (1) of section 48;

[(na) "cyber cafe"means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;

(nb) "cyber security"means protecting information, equipment, devices computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction;]

(o) "data"means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;

(p) "digital signature"means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;

(q) "Digital Signature Certificate"means a Digital Signature Certificate issued under sub-section (4) of section 35;

(r) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;

(s) "Electronic Gazette"means the Official Gazette published in the electronic form;

(t) "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;

[(ta) "electronic signature"means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;

(tb) "Electronic Signature Certificate"means an Electronic Signature Certificate issued under section 35 and includes Digital Signature Certificate; ]

(u) "function", in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer;

[(ua) "Indian Computer Emergency Response Team"means an agency established under sub-section (1) of section 70-B; ]

(v) "information"includes [data, message, text] , images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche;

[(w) "intermediary", with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecoms service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes; ]

(x) "key pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key;

(y) "law"includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub-clause (a) of clause (1) of article 357 of the Constitution and includes rules, regulations, bye-laws and orders issued or made thereunder;

(z) "license"means a license granted to a Certifying Authority under section 24;

(za) "originator"means a person who sends, generates, stores or transmits any electronic message, or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary;

(zb) "prescribed"means prescribed by rules made under this Act;

(zc) "private key"means the key of a key pair used to create a digital signature;

( zd) "public key"means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate;

(ze) "secure system"means computer hardware, software, and procedure that-

(a) are reasonably secure from unauthorized access and misuse;

(b) provide a reasonable level of reliability and correct operation;

(c) are reasonably suited to performing the intended functions; and

(d) adhere to generally accepted security procedures;

( zf) "security procedure"means the security procedure prescribed under section 16 by the Central Government;

(zg) "subscriber"means a person in whose name the [electronic signature] Certificate is issued;

(zh) "verify", in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions, means to determine whether-

(a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;

(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature.

[DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE ]

(a) to derive or reconstruct the original electronic record from the hash result produced by the algorithm;

(b) that two electronic records can produce the same hash result using the algorithm.

(a) is considered reliable; and

(b) may be specified in the Second Schedule.

(a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and to no other person;

(b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;

(c) any alteration to the electronic signature made after affixing such signature is detectable;

( d) any alteration to the information made after its authentication by electronic signature is detectable; and

(e) it fulfills such other conditions which may be prescribed.

CHAPTER III

Electronic Governance

(a) rendered or made available in an electronic form; and

(b) accessible so as to be usable for a subsequent reference.

(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;

(b) the issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner;

(c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.

(a) the manner and format in which such electronic records shall be filed, created or issued;

(b) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).

(a) the information contained therein remains accessible so as to be usable for a subsequent reference;

(b) the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;

(c) the details which will facilitate the identification of the origin, destination, date and time of dispatch or receipt of such electronic record are available in the electronic record:

(a) the type of [electronic signature] ;

(b) the manner and format in which the [electronic signature] shall be affixed;

(c) the manner or procedure which facilitates identification of the person affixing the [electronic signature] ;

( d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and

(e) any other matter which is necessary to give legal effect to [electronic signatures] .

Attribution, Acknowledgment And Dispatch Of Electronic Records

(a) if it was sent by the originator himself;

(b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or

(c) by an information system programmed by or on behalf of the originator to operate automatically.

(a) any communication by the addressee, automated or otherwise; or

(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.

(a) if the addressee has designated a computer resource for the purpose of receiving electronic records,-

(i) receipt occurs at the time when the electronic record enters the designated computer resource; or

(ii) if the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee;

(b) if the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee.

(a) if the originator or the addressee has more than one place of business, the principal place of business, shall be the place of business;

(b) if the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business;

(c) "usual place of residence", in relation to a body corporate, means the place where it is registered.

Secure Electronic Records And Secure [Electronic Signatures]

(i) the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and

(ii) the signature creation data was stored and affixed in such exclusive manner as may be prescribed. Explanation. - In case of digital signature, the "signature creation data"means the private key of the subscriber.

Regulation Of Certifying Authorities

(a) exercising supervision over the activities of the Certifying Authorities;

(b) certifying public keys of the Certifying Authorities;

(c) laying down the standards to be maintained by the Certifying Authorities;

( d) specifying the qualifications and experience which employees of the Certifying Authorities should possess;

(e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;

(f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a [Electronic Signature] Certificate and the public key;

(g) specifying the form and content of a [Electronic Signature] Certificate and the key;

(h) specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;

(i) specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them;

(j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;

(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers;

(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;

(m) laying down the duties of the Certifying Authorities;

(n) maintaining a database containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.

(a) be valid for such period as may be prescribed by the Central Government;

(b) not be transferable or heritable;

(c) be subject to such terms and conditions as may be specified by the regulations.

(a) a certification practice statement;

(b) a statement including the procedures with respect to identification of the applicant;

(c) payment of such fees, not exceeding twenty-five thousand rupees as may be prescribed by the Central Government;

( d) such other documents, as may be prescribed by the Central Government.

(a) in such form;

(b) accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by the Central Government and shall be made not less than forty-five days before the date of expiry of the period of validity of the license.

(a) made a statement in, or in relation to, the application for the issue or renewal of the license, which is incorrect or false in material particulars;

(b) failed to comply with the terms and conditions subject to which the license was granted;

[(c) failed to maintain the procedures and standards specified in section 30;]

( d) contravened any provisions of this Act, rule, regulation or order made thereunder; revoke the license:

(a) make use of hardware, software, and procedures that are secure from intrusion and misuse;

(b) provide a reasonable level of reliability in its services which are reasonably suited to the performance of intended functions;

(c) adhere to security procedures to ensure that the secrecy and privacy of the [electronic signatures] are assured; [*]

[(ca) be the repository of all Electronic Signature Certificates issued under this Act;

(cb) publish information regarding its practices, Electronic Signature Certificates and current status of such certificates; and ]

( d) observe such other standards as may be specified by regulations.

(a) its [Electronic Signature] Certificate [* * *] ;

(b) any certification practice statement relevant thereto;

(c) notice of the revocation or suspension of its Certifying Authority certificate, if any; and

( d) any other fact that materially and adversely affects either the reliability of a [Electronic Signature] Certificate, which that Authority has issued, or the Authority's ability to perform its services.

(a) use reasonable efforts to notify any person who is likely to be affected by that occurrence; or

(b) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation.

CHAPTER VII

[Electronic Signature] CERTIFICATES

(a) it has complied with the provisions of this Act and the rules and regulations made thereunder;

(b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;

(c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate;

[(ca) the subscriber holds a private key which is capable of creating a digital signature;

(cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber; ]

( d) the subscriber's public key and private key constitute a functioning key pair;

(e) the information contained in the Digital Signature Certificate is accurate; and

(f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations made in clauses (a) to ( d ).

(a) on receipt of a request to that effect from-

(i) the subscriber listed in the Digital Signature Certificate; or

(ii) any person duly authorized to act on behalf of that subscriber;

(b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest.

(a) where the subscriber or any other person authorized by him makes a request to that effect; or

(b) upon the death of the subscriber; or

(c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company.

(a) a material fact represented in the Digital Signature Certificate is false or has been concealed;

(b) a requirement for issuance of the Digital Signature Certificate was not satisfied;

(c) the Certifying Authority's private key or security system was compromised in a manner materially affecting the Digital Signature Certificate's reliability;

( d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, wound-up or otherwise ceased to exist.

CHAPTER VIII

Duties Of Subscribers

(a) to one or more persons;

(b) in a repository; or

(a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same;

(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true;

(c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.

[PENALTIES, COMPENSATION AND ADJUDICATION]

(a) accesses or secures access to such computer, computer system or computer network [or computer resource] ;

(b) downloads, copies or extracts any data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;

(c) introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;

( d) damages or causes to be damaged any computer, computer system or computer network, data, computer database or any other programmes residing in such computer, computer system or computer network;

(e) disrupts or causes disruption of any computer, computer system or computer network;

(f) denies or causes the denial of access to any person authorized to access any computer, computer system or computer network by any means;

(g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;

(h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;

[(i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;

(j) steel, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage,]

(i) "computer contaminant"means any set of computer instructions that are designed-

(a) to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network; or

(b) by any means to usurp the normal operation of the computer, computer system, or computer network;

(ii) "computer database"means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalized manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network;

(iii) "computer virus"means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource;

(iv) "damage"means to destroy, alter, delete, add, modify or rearrange any computer resource by any means;

[(v) "computer source code"means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.]

(i) "body corporate"means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities;

(ii) "reasonable security practices and procedures"means security practices and procedures designed to protect such information from unauthorized access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit;

(iii) "sensitive personal data or information"means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.]

(a) furnish any document, return or report to the Controller or the Certifying Authority fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and fifty thousand rupees for each such failure;

(b) file any return or furnish any information, books or other documents within the time specified therefor in the regulations fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for every day during which such failure continues;

(c) maintain books of account or records fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.

(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);

(b) shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974);

[(c) shall be deemed to be a Civil Court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).]

(a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused to any person as a result of the default;

(c) the repetitive nature of the default.

The Cyber [*] Appellate Tribunal

(a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may be exercised by the Benches thereof;

(b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tribunal with one or two Members of such Tribunal as the Chairperson may deem fit;

(c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson of the Cyber Appellate Tribunal, by notification in the Official Gazette, specify;

( d) the Central Government shall, by notification in the Official Gazette, specify the areas in relation to which each Bench of the Cyber Appellate Tribunal may exercise its jurisdiction.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents or other electronic records;

(c) receiving evidence on affidavits;

( d) issuing commissions for the examination of witnesses or documents;

(e) reviewing its decisions;

(f) dismissing an application for default or deciding it ex parte ;

(g) any other matter which may be prescribed.

(a) the word "dishonestly"shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);

(b) the word "fraudulently"shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, persistently by making use of such computer resource or a communication device;

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

(a) "transmit"means to electronically send a visual image with the intent that it be viewed by a person or persons;

(b) "capture", with respect to an image, means to videotape, photograph, film or record by any means;

(c) "private area"means the naked or undergarment clad genitals, public area, buttocks or female breast;

( d) "publishes"means reproduction in the printed or electronic form and making it available for public;

(e) "under circumstances violating privacy"means circumstances in which a person can have a reasonable expectation that -

(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or

(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

(i) denying or cause the denial of access to any person authorized to access computer resource; or

(ii) attempting to penetrate or access a computer resource without authorization or exceeding authorized access; or

(iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or

(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or

(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or

(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or

( d) facilitates abusing children online; or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or

(ii) which is kept or used for bona fide hertiage or religious purposes.

(a) provide access to or secure access to the computer resource generating transmitting, receiving or storing such information; or

(b) intercept, monitor, or decrypt the information, as the case may be; or

(c) provide information stored in computer resource.

(i) "computer contaminant" shall have the meaning assigned to it in section 43;

(ii) `'traffic data"means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, data, size, duration or type of underlying service and any other information.]

(a) collection, analysis and dissemination of information on cyber incidents;

(b) forecast and alerts of cyber security incidents;

(c) emergency measures for handling cyber security incidents;

( d) co-ordination of cyber incidents response activities;

(e) issue guidelines, advisories, vulnerability notes and white-papers relating to information security practices, procedures, prevention, response and reporting of cyber incidents;

(f) such other functions relating to cyber security as may be prescribed.

(a) the Certifying Authority listed in the certificate has not issued it; or

(b) the subscriber listed in the certificate has not accepted it; or

(c) the certificate has been revoked or suspended, unless such publication is for the purpose of verifying a [Electronic Signature] created prior to such suspension or revocation.

[CHAPTER XII]

Intermediaries Not To Be Liable In Certain Cases

(a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; or

(b) the intermediary does not -

(i) initiate the transmission,

(ii) select the receiver of the transmission, and

(iii) select or modify the information contained in the transmission;

(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.

(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the 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 resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

CHAPTER XII-A

Examiner Of Electronic Evidence

CHAPTER XIII

Miscellaneous

(i) "company"means any body corporate and includes a firm or other association of individuals; and

(ii) "director", in relation to a firm, means a partner in the firm.

Prior to its substitution, Cl. (a) read as under:- " (a) the manner in which any information or matter may be authenticated by means of digital signature under section 5;" ">[(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3-A;

(aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3-A;

(ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;]

(b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6;

(c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6;

[(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6-A; ]

( d) the matters relating to the type of [electronic signature] , manner and format in which it may be affixed under section 10;

[(e) the manner of storing and affixing electronic signature creation data under section 15;

(ea) the security procedures and practices under section 16;]

(f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers, [Assistant Controllers, other officers and employees] under section 17;

(g) [* * *]

(h) the requirements which an applicant must fulfil under sub-section (2) of section 21;

(i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21;

(j) the form in which an application for license may be made under sub-section (1) of section 22;

(k) the amount of fees payable under clause (c) of sub-section (2) of section 22;

(l) such other documents which shall accompany an application for license under clause ( d ) of sub-section (2) of section 22;

(m) the form and the fee for renewal of a license and the fee payable thereof under section 23;

[(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;]

(n) the form in which application for issue of a [Electronic Signature] Certificate may be made under sub-section (1) of section 35;

(o) the fee to be paid to the Certifying Authority for issue of a [Electronic Signature] Certificate under sub-section (2) of section 35;

[(oa) the duties of subscribers under section 40-A;

(ob) the reasonable security practices and procedures and sensitive personal data or information under section 43-A;]

(p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46;

(q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46;

(r) the salary, allowances and the other terms and conditions of service of the [Chairperson and Members] under section 52;

(s) the procedure for investigation of misbehavior or incapacity of the [Chairperson and Members] under sub-section (3) of section 54;

(t) the salary and allowances and other conditions of service of other officers and employees under sub-section (3) of section 56;

(u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57;

(v) any other power of a civil Court required to be prescribed under clause (g) of sub-section (2) of section 58; and

[(w) the powers and functions of the Chairperson of the Cyber Appellate Tribunal under section 52-A;

(wa) the information, duration, manner and form of such information to be retained and preserved under section 67-C;

(x) the procedures and safeguards for interception, monitoring, or decryption under sub-section (2) of section 69;

(xa) the procedure and safeguards for blocking for access by the public under sub-section (2) of section 69-A;

(xb) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69-B;

(y) the information security practices and procedures for protected system under section 70; ( ya) manner of performing functions and duties of the agency under sub-section (3) of section 70-A;

(yb) the officers and employees under sub-section (2) of section 70-B;

(yc) salaries and allowances and terms and conditions of service of the Director-General and other officers and employees under sub-section (3) of section 70-B;

(yd) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70-B;

(z) the guidelines to be observed by the intermediaries under sub-section (4) of section 79; (za) the modes or methods for encryption under section 84-A.]

(a) the Central Government either generally as regards any rules or for any other purpose connected with this Act;

(b) the Controller in framing the regulations under this Act.

(a) the particulars relating to maintenance of database containing the disclosure record of every Certifying Authority under clause [(n)] of section 18;

(b) the conditions and restrictions subject to which the Controller may recognize any foreign Certifying Authority under sub-section (1) of section 19;

(c) the terms and conditions subject to which a licence may be granted under clause (c) of sub-section (3) of section 21;

( d) other standards to be observed by a Certifying Authority under clause ( d ) of section 30;

(e) the manner in which the Certifying Authority shall disclose the matters specified in sub-section (1) of section 34;

(f) the particulars of statement which shall accompany an application under sub-section (3) of section 35;

(g) the manner in which the subscriber shall communicate the compromise of private key to the Certifying Authority under sub-section (2) of section 42.

(a) the electronic form in which filing issue, grant, receipt or payment shall be effected under sub-section (1) of section 6;

(b) for matters specified in sub-section (2) of section 6;

[The First Schedule]

[See sub-section (4) of section 1 ]

DOCUMENTS OR TRANSACTIONS TO WHICH THE ACT SHALL NOT APPLY

The Second Schedule

[See sub-section (1) of section 3-A]

Electronic Signature or Electronic Authentication Technique and Procedure

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As discussed in the first chapter, the Government of India enacted the Information Technology (I.T.) Act with some major objectives to deliver and facilitate lawful electronic, digital, and online transactions, and mitigate cyber-crimes.

Salient Features of I.T Act

The salient features of the I.T Act are as follows −

Digital signature has been replaced with electronic signature to make it a more technology neutral act.

It elaborates on offenses, penalties, and breaches.

It outlines the Justice Dispensation Systems for cyber-crimes.

It defines in a new section that cyber café is any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public .

It provides for the constitution of the Cyber Regulations Advisory Committee.

It is based on The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934, etc.

It adds a provision to Section 81, which states that the provisions of the Act shall have overriding effect. The provision states that nothing contained in the Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 .

Scheme of I.T Act

The following points define the scheme of the I.T. Act −

The I.T. Act contains 13 chapters and 90 sections .

The last four sections namely sections 91 to 94 in the I.T. Act 2000 deals with the amendments to the Indian Penal Code 1860, The Indian Evidence Act 1872, The Bankers’ Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were deleted.

It commences with Preliminary aspect in Chapter 1, which deals with the short, title, extent, commencement and application of the Act in Section 1. Section 2 provides Definition.

Chapter 2 deals with the authentication of electronic records, digital signatures, electronic signatures, etc.

Chapter 11 deals with offences and penalties. A series of offences have been provided along with punishment in this part of The Act.

Thereafter the provisions about due diligence, role of intermediaries and some miscellaneous provisions are been stated.

The Act is embedded with two schedules. The First Schedule deals with Documents or Transactions to which the Act shall not apply. The Second Schedule deals with electronic signature or electronic authentication technique and procedure. The Third and Fourth Schedule are omitted.

Application of the I.T Act

As per the sub clause (4) of Section 1, nothing in this Act shall apply to documents or transactions specified in First Schedule . Following are the documents or transactions to which the Act shall not apply −

Negotiable Instrument (Other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881;

A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;

A trust as defined in section 3 of the Indian Trusts Act, 1882;

A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition;

Any contract for the sale or conveyance of immovable property or any interest in such property;

Any such class of documents or transactions as may be notified by the Central Government.

Amendments Brought in the I.T Act

The I.T. Act has brought amendment in four statutes vide section 91-94. These changes have been provided in schedule 1-4.

The first schedule contains the amendments in the Penal Code. It has widened the scope of the term "document" to bring within its ambit electronic documents .

The second schedule deals with amendments to the India Evidence Act. It pertains to the inclusion of electronic document in the definition of evidence .

The third schedule amends the Banker's Books Evidence Act. This amendment brings about change in the definition of "Banker's-book". It includes printouts of data stored in a floppy, disc, tape or any other form of electromagnetic data storage device. Similar change has been brought about in the expression "Certified-copy" to include such printouts within its purview .

The fourth schedule amends the Reserve Bank of India Act. It pertains to the regulation of fund transfer through electronic means between the banks or between the banks and other financial institution .

Intermediary Liability

Intermediary, dealing with any specific electronic records, is a person who on behalf of another person accepts, stores or transmits that record or provides any service with respect to that record .

According to the above mentioned definition, it includes the following −

  • Telecom service providers
  • Network service providers
  • Internet service providers
  • Web-hosting service providers
  • Search engines
  • Online payment sites
  • Online auction sites
  • Online market places and cyber cafes

Highlights of the Amended Act

The newly amended act came with following highlights −

  • It stresses on privacy issues and highlights information security.
  • It elaborates Digital Signature.
  • It clarifies rational security practices for corporate.
  • It focuses on the role of Intermediaries.
  • New faces of Cyber Crime were added.

Information Technology Act 2000, as amended by the Information Technology (Amendment) Act 2008

  • Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hasted by him. 
  • The provisions of sub-section (1) shall apply if—( a ) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hasted; or (b) the intermediary does not—( i ) initiate the transmission, ( ii ) select the receiver of the transmission, and ( iii ) select or modify the information contained in the transmission; (c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf. 
  • The provisions of sub-section (1) shall not apply if—( a ) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or authorise in the commission of the 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 resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. Explanation.—For the purposes of this section, the expression “third party information” means any information dealt with by an intermediary in his capacity as an intermediary."

IMAGES

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VIDEO

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COMMENTS

  1. Information Technology Act, 2000

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