Information Technology Act,2000

The Information Technology Act, 2000

The Information Technology Act was enacted with a view to give a fillip to the growth of electronic based transactions, to provide legal recognition for e commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide.

Applicability of the Act

• The Act will apply to the whole of India unless otherwise mentioned. It applies also to any offence or contravention there under committed outside India by any person.
• The Act shall not apply to the following documents or transactions –

1. A negotiable instrument as defined in Sec.13 of the Negotiable Instruments Act, 1881;
2. A power of attorney as defined in Sec.1A of the Powers of Attorney Act,1882;
3. A trust as defined in Section 3 of the Indian Trusts Act, 1882;
4. A Will as defined in Sec.2(h) of the Indian Succession Act, 1925 including
5. any other testamentary disposition by whatever name called;
6. Any contract for the sale or conveyance of immovable property or any interest in such property

The key objectives of the Information Technology Act, 2000 are:

• Provide legal recognition to electronic records and digital signatures: The Act aims to give legal validity and enforceability to electronic records and digital signatures at par with physical documents and handwritten signatures. This enables e-governance and e-commerce.
• Facilitate electronic governance and commerce: By recognizing electronic records and signatures, the Act intends to facilitate electronic delivery of government services and transactions between businesses and consumers.
• Define and penalise cybercrimes: The Act defines various cybercrimes like hacking, data theft, identity theft, cyberstalking etc. and prescribes penalties for such offences. This aims to create a safe and secure cyber environment.
• Regulate cyber activity: The Act empowers the central government to formulate rules and regulations to govern use of electronic medium for online communication and commerce.
•  Establish institutional mechanisms: The Act establishes mechanisms like adjudicating officers, appellate tribunals and regulatory authorities to enforce the provisions of the Act.
• Enable data protection: The Act intends to establish necessary Institutional and legal framework for protecting sensitive electronic data and ensuring data security.
• Promote growth of IT sector: By providing a comprehensive legal framework for digital technologies, the Act aims to promote growth of the fledgling but rapidly expanding Indian IT and ITES sector.
• Foster innovation: By promoting confidence in digital technologies, the Act seeks to encourage innovation and entrepreneurship in the information technology space.

Features:

• 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.