THE INFORMATION TECHNOLOGY ACT, 2000

Source: planetindia.net

An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.

WHEREAS the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law;

AND WHEREAS the said resolution recommends, inter alia, that all States give favourable consideration to the said Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and storage of information; 

AND WHEREAS it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records; 

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-

CHAPTER 1 - PRELIMINARY

1) Short title, extent, commencement and application

2) Definitions

CHAPTER 2 - DIGITAL SIGNATURE

3) Authentication of electronic records.

CHAPTER 3 - ELECTRONIC GOVERNANCE

4) Legal recognition of electronic records.

5) Legal recognition of digital signatures.

6) Use of electronic records and digital signatures in Government and its agencies.

7) Retention of electronic records.

8) Publication of rules, 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 digital signature

CHAPTER 4 - ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

11) Attribution of electronic records.

12) Acknowledgement of receipt.

13) Time and place of despatch and receipt of electronic record.

CHAPTER 5 - SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES

14) Secure electronic record.

15) Secure digital signature.

16) Security procedure.

CHAPTER 6 - REGULATION OF CERTIFYING AUTHORITIES

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 Digital 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.

CHAPTER 7 - DIGITAL SIGNATURE CERTIFICATES

35) Certifying Authority to issue Digital 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.

CHAPTER 8 - DUTIES OF SUBSCRIBERS

40) Generating key pair.

41) Acceptance of Digital Signature Certificate.

42) Control of private key.

CHAPTER 9 - PENALTIES AND ADJUDICATION

43) Penalty for damage to computer, computer system, etc.

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.

CHAPTER 10 - THE CYBER REGULATIONS APPELLATE TRIBUNAL

48) Establishment of Cyber Appellate Tribunal.

49) Composition of Cyber Appellate Tribunal.

50) Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal.

51) Term of office

52) Salary, allowances and other terms and conditions of service of Presiding Officer.

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 Regulations 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

CHAPTER 11 - OFFENCES

65) Tampering with computer source documents.

66) Hacking with Computer System.

67) Publishing of information which is obscene in electronic form.

68) Power of the Controller to give directions.

69) Directions of Controller to a subscriber to extend facilities to decrypt information.

70) Protected system

71) Penalty for misrepresentation.

72) Breach of confidentiality and privacy.

73) Penalty for publishing Digital Signature Certificate false in certain particulars.

74) Publication for fraudulent purpose.

75) Act to apply for offences or contravention committed outside India.

76) Confiscation.

77) Penalties and confiscation not to interfere with other punishments

78) Power to investigate offences.

CHAPTER 12 - NETWORK SERVICE PROVIDERS NOT TO BE LIABLE IN CERTAIN CASES

79. Network service providers no to be liable in certain cases

CHAPTER 13 -MISCELLANEOUS

80) Power of police officer and other officers to enter, search, etc.

81) Act to have overriding effect.

82) Controller, Deputy Controller and Assistant Controllers to be public servants.

83) Power to give directions.

84) Protection of action taken in good faith.

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.

THE FIRST SCHEDULE (See section 91)

AMENDMENTS TO THE INDIAN PENAL CODE (45 OF 1860)

THE SECOND SCHEDULE (See section 92)

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 (1 OF 1872)

THE THIRD SCHEDULE (See section 93)

AMENDMENTS TO THE BANKERS' BOOKS EVIDENCE ACT 1891 (18 OF 1891)

THE FOURTH SCHEDULE(See section 94)

AMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934 (2 OF 1934)