IT Act 2000
IT Act 2000
IT Act 2000
Technology Act, 2000 (also known
as ITA‐2000, or the IT Act) is an Act of the Indian
Parliament (No 21 of 2000) notified on 17 October
2000.
2000
It is based on the United Nations Model Law on
Electronic Commerce 1996 (UNCITRAL Model)
recommended by the General Assembly of United
Nations by a resolution dated 30 January 1997.
The bill was passed in the budget session of 2000 and
signed by President K. R. Narayanan on 9 May 2000.
The bill was finalized by group of officials headed by
then Minister of Information Technology Pramod
Mahajan.
Mahajan
The Government of India passed 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 violation.
It outlines the Justice Dispensation Systems for cyber
It outlines the Justice Dispensation Systems for cyber‐
crimes.
It defines in a new section that
d f h cyber café is any facility
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from where the access to the internet is offered by any
person in the ordinary course of business to the members of
the public.
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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
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
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provision states that nothing contained in the Act shall
restrict any person from exercising any right conferred
under the Copyright Act, 1957.
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Scheme of I.T Act
Chapter –
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I – Preliminary
Chapter –
Chapter II – Digital Signature and Electronic
Signature (Sections 3 & 3A)
Chapter – IV – Attribution, Acknowledgement and
spatc o ect o c Reco ds (Sect o s to 3)
Dispatch of Electronic Records (Sections11 to 13)
Chapter – V – Secure electronic records and secure
electronic signatures (Sections 14 to 16)
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Chapter – VI – Regulation of Certifying Authorities
(S i )
(Sections 17 to 34)
Chapter
Chapter – VII – Elronic Signature Certificates (Sections 35
to 39)
Chapter –
Ch t VIII – Duties of Subscribers (Sections 40 to 42)
D ti f S b ib (S ti t )
Chapter –
p IX – Penalties, Compensation and Adjudication
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(Sections 43 to 47)
Chapter–X
Chapter X – The Cyber Appellate Tribunal (Sections 48 to
64)
Chapter– XI – Offences (Sections 65 to 78)
Chapter–XII – Intermediaries not to be liable in
certain cases (Section 79)
Chapter–XIIA – Examiner of Electronic Evidence
(Section 79A)
Chapter–XIII – Miscellaneous (Sections 80 to 90)
The following points define the scheme of the I.T. Act‐
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
Bankers’ Books Evidence Act 1891 and the Reserve
Bank of India Act 1934 were deleted.
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.
this part of The Act
There after the provisions about due diligence, role of
i di i d i ll i i b
intermediaries and some miscellaneous provisions are been
stated.
The Act is embedded with two schedules.
The First Schedule deals with Documents or Transactions to
Th Fi t S h d l d l ith D t T ti t
which the Act shall not apply.
The Second Schedule deals with electronic signature or
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electronic authentication technique and procedure.
The third schedule amends the Banker's Books Evidence Act.
The fourth schedule amends the Reserve Bank of India Act.
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.
d itt d t id I di b
The Act shall not apply to the following documents or
transactions ‐
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
Indian Succession Act 1925 including any other
testamentary disposition;
The first schedule contains the amendments in the
Th fi t h d l t i th d t i th
Penal Code. It has widened the scope of the term
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"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.
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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.
banks and other financial institution
Intermediary Liability:‐
Intermediary, dealing with any specific electronic
records, is a person who on behalf of another person
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
includes the following −
Telecom service providers
Network service providers
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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.
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It elaborates Digital Signature.
It clarifies rational security practices for corporate
It clarifies rational security practices for corporate.
It focuses on the role of Intermediaries.
New faces of Cyber Crime were added
New faces of Cyber Crime were added.
Digital signature
A digital signature is a mathematical technique used to
validate the authenticity and integrity of a message,
software or digital document.
software or digital document
The digital equivalent of a handwritten signature or
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stamped seal, but offering far more inherent security, a
digital signature is intended to solve the problem of
tampering and impersonation in digital communications.
tampering and impersonation in digital communications
Digital signatures can provide the added assurances of
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evidence to origin, identity and status of an electronic
document, transaction or message, as well as
acknowledging informed consent by the signer.
acknowledging informed consent by the signer
In many countries, including the United States,
digital signatures have the same legal significance as
the more traditional forms of signed documents.
How digital signatures work
Digital signatures are based on public key
Di it l i t b d bli k
cryptography.
The encrypted hash ‐‐ along with other information,
such as the hashing algorithm
algorithm ‐‐ is the digital
signature.
Electronic Signatures
Electronic signatures are popular because they are easy
to use.
Customers can sign documents online with a click of
the mouse or by using their fingers to trace a
th b i th i fi t t
handwritten signature onto a document.
The downfall of electronic signatures is that they aren’t
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regulated like digital signatures are.
It’s up to each vendor to make their own standards,
and you have to take their word for it when they say
their signatures are secure.
In fact, electronic signatures don’t have the secure
coding that digital signatures have.
coding that digital signatures have
Electronic signatures are an image placed on the
document, but they can’t show if someone tampers
with the document after it is signed.
Cyber Appellate Tribunal
Cyber Appellate Tribunal has been established under
the Information Technology Act under the aegis of
Controller of Certifying Authorities (C.C.A.).
C ll f C if i A h i i (C C A )
The first and the only Cyber Appellate Tribunal in the
Th fi t d th l C b A ll t T ib l i th
country has been established by the Central
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Government in accordance with the provisions
contained under Section 48(1) of the Information
Technology Act, 2000.
The Central Government shall also specify, in the
notification referred to in sub‐section (1), the matters
and places in relation to which the Cyber Appellate
Tribunal may exercise jurisdiction
CONSTITUTION :‐
A Cyber Appellate Tribunal shall consist of one person
only to be appointed, by notification, by the Central
Government.
A person shall not be qualified for appointment as the
A h ll t b lifi d f i t t th
Presiding Officer of a Cyber Appellate Tribunal unless
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he‐(a) is, or has been, or is qualified to be, a Judge of a
High Court; or; is or has been a member of the Indian
Legal Service and is holding or has held a post in
G d I f h S i f l
Grade I of that Service for at least three years.
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JURISDICTION
Appeal to Cyber Appellate Tribunal
Save as provided in sub‐section (2), any person
aggrieved by an order made by Controller or an
i d b d d b C ll
adjudicating officer under this Act may prefer an
appeal to a Cyber Appellate Tribunal jurisdiction in
the matter.
No appeal shall lie to the Cyber Appellate Tribunal
from an order made by an adjudicating officer with the
consent of the parties.
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Every appeal under sub‐section (1) shall be filed within
d ff f d f h d h h
a period of forty‐five days from the date on which a
copy of the order made by the Controller or the
adjudicating officer is received by the person aggrieved
and it shall be in such form and be accompanied by
such fee as may be prescribed :
Provided that the Cyber Appellate Tribunal may
entertain an appeal after the expiry of the said period of
t t i l ft th i f th id i d f
forty‐five days if it is satisfied that there was sufficient
cause for not filing it within that period.
On receipt of an appeal under sub‐section (1), the
C ber Appellate Tribunal ma after gi ing the parties
Cyber Appellate Tribunal may, after giving the parties
to the appeal, an opportunity of being heard, pass such
orders there on as it thinks fit, confirming, modifying
or setting aside the order appealed against.
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The Cyber Appellate Tribunal shall send a copy or
every order made by it to the parties to the appeal and
to the concerned Controller or adjudicating officer.
The appeal filed before the Cyber Appellate Tribunal
under sub‐section (1) shall be dealt with by it as
under sub section (1) shall be dealt with by it as
expeditiously as possible and endeavor shall be made
by it to dispose of the appeal finally within six months
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from the date of receipt of the appeal.
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Procedure and powers of the Cyber Appellate
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The Cyber Appellate Tribunal shall have, for the
purposes of discharging its functions under this Act,
purposes of discharging its functions under this Act
the same powers as are vested in a civil court under the
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Code of Civil Procedure, 1908, while trying a suit, in
respect of the following matters, namely : ‐
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 of documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it
ex parte;
(g) any other matter which may be prescribed.
Offences
Cyber offences are the illegal actions, which are carried
out in a classy manner where either the computer is
the tool or target or both.
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Cyber‐crime usually includes the following −
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Unauthorized access of the computers
Data diddling
Virus/worms attack
Theft of computer system
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Hacking
Denial of attacks
Logic bombs
Trojan attacks
Internet time theft
Web jacking
Email bombing
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Salami attacks
Physically damaging computer system.
Physically damaging computer system
The offences included in the I.T. Act 2000 are as
The offences included in the I T Act 2000 are as
follows −
Tampering with the computer source documents.
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Hacking with computer system.
Directions of Controller to a subscriber to extend
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facilities to decrypt information.
Protected system.
Penalty for misrepresentation.
Penalty for breach of confidentiality and privacy.
Penalty for publishing Digital Signature Certificate false
in certain particulars.
Publishing of information which is obscene in electronic
form.
Penalties or confiscation not to interfere with other
punishments.
Publication for fraudulent purpose.
P bli ti f f d l t
Act to apply for offence or contravention committed
outside India Confiscation.