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Information and Technology (IT) Act, 2000 | In Brief

TITLE:: Information and Technology (IT) Act, 2000

The Information Technology Act, 2000 is also known as ITA-2000 or the IT Act is an Act of the Indian Parliament notified on 17th October 2000. This Act contained 94 sections, divided in 13 chapters and 4 schedules.
And the laws apply to the whole of India . The Act provides legal framework for electronic governance by giving recognition to electronic records and digital signatures. It is the primary law in India dealing with cyber-crime and electronic commerce . This Act aims to provide legal infrastructures for e-businesses and the new economy in India.

CONTENTS : Information and Technology (IT) Act, 2000

Objectives
Scope
Amendments
Salient Features
Offenses
Conclusion

Information and Technology (IT) Act, 2000

OBJECTIVES:: Information and Technology (IT) Act, 2000

  • To give legal recognition to any transaction which is done by electronic way or use of internet.
  • To give legal recognition to digital signature for accepting any agreement via computer.
  • To provide facility of filing document online relating to school admission or registration in employment exchange.
  • According to I.T Act 2000, any company can store their data in electronic storage.
  • To stop computer crime and protect privacy of internet users.
  • To give legal recognition for keeping books of accounts by bankers and other companies in electronic form.
  • To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime.

 

SCOPE:: Information and Technology (IT) Act, 2000

  • I.T Act, 2000 is not applicable on the attestation for creating trust via electronic way.
  • I.T Act, 2000 is not applicable on the attestation for making will of anybody.
  • A contract of sale of any immovable property.
  • Attestation for giving power of attorney of property is not possible via electronic accord.

 

AMENDMENTS:: Information and Technology (IT) Act, 2000

A major amendment was made in 2008. It introduced the Section 66A which penalized sending of offensive messages. It also introduced the Section,69 which gave authorities the power of interception or monitoring or decryption of any information through any computer sources. It also introduced for child porn , cyber terrorism and voyeurism. It was passed on 22nd  December 2008 without any debate in Lok Sabha.

 

SALIENT FEATURES:: Information and Technology (IT) Act, 2000

The Salient features of 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 outline 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 Indian Act, 1934, etc.
  • It adds a 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.

 

SOME OF THE OFFENCES:: Information and Technology (IT) Act, 2000

SECTIONS OFFENCES PENALTY
65 Tampering with computer source documents kept or maintained by law for the time being in force . Imprisonment up to three years, or/and with fine up to Rs. 2,00,000.
66 Hacking with computer system. Imprisonment up to three years or/and with fine up to Rs. 5,00,000.
66B Receiving stolen computer or communication device. Imprisonment up to three years, or/and with fine up to Rs. 1,00,000.
66C Using password of another person. Imprisonment up to 3years, or/and with fine up to Rs. 1,00,000.
66D Cheating using computer resource. Imprisonment up to 3years,or/and with fine up to Rs. 1,00,000

 

CONCLUSION:: Information and Technology (IT) Act, 2000

The I.T Act is a comprehensive piece of legislation which aims at policing some of the activities over the internet. The act is not the end but only a beginning to a plethora of legislation that still needs to be formed. Cyber law in India is in its infancy stage. A lot of efforts and initiatives are required to make it a mature legal instrument.

India is also facing problems of lack of cyber security as well as ICT security. A techno legal base is the need of the hour. Unfortunately we don’t  have a sound and secure ICT security base in India and cyber security in India is still an ignored world. If opening of cyber cells and cyber units is cyber security than perhaps India’s best in the world at managing cyber security issues. The cyber law in India requires a dedicated and proactive approach towards ICT and cyber security in India. In the absence of a dedicated and sincere approach the cyber law in India is going to collapse.

Contributor::

GARGISMRITI,
BALLB, G.U


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