IT Act

Information Technology Act,
2000
Information Technology Act, 2000, in May 2000 and
became part of a select group of countries to have
cyber laws.
The Act was enacted so as to provide legal
infrastructure for e-commerce and alternatives to
paper-based methods of information storage and
communication.
The Act aims to provide legal sanctity to all electronic
records and
was instrumental in pioneering corresponding
changes in other legislations such as the Indian Penal
Code, Indian Evidence Act, Bankers’ Book Evidence Act
and Reserve Bank of India Act
Objectives of the 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 involves the use of alternatives to paper-
based methods of communication and storage of information
 To facilitate electronic filing of documents with the
government agencies
 To facilitate electronic storage of data in place of paper-
based methods of storage of data
 To amend the Indian Penal Code, the Indian Evidence Act,
1872, the Banker’s Books Evidence Act, 1891, and the Reserve
Bank of India Act, 1934, and
 To provide for matters connected therewith or incidental
thereto.
Legal recognition of electronic records
Section 4 states that if any law provides that information or any other matter
shall be in writing or type, written or printed form, then such requirement
shall be deemed to have been satisfied, if such information or matter is in an
electronic form; and is accessible for a subsequent reference. This is
irrespective of anything that may be contained in the law.
Legal recognition of digital signatures
According to Section 5, if any law provides that information or any other
matter shall be authenticated by affixing the signature then such requirement
shall be deemed to have been satisfied, if such information or matter is
authenticated by means of digital signature affixed in such manner as may be
prescribed by the Central Government. This is irrespective of anything that
may be contained in the law.
The expression “signed” as used above shall, with reference to a person,
mean affixing of his/her handwritten signature or any mark on any document
and the expression “signature” shall be construed accordingly
Use of electronic records and digital signatures by the
government and its agencies
Section 6 states that where any law provides for the following:
 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
 The issue or grant of any license, permit, sanction or approval
by whatever name called in a particular manner; and
 The receipt or payment of money in a particular manner, then,
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
Offences
The important offences listed under the IT Act, 2000, are as follows -
 Tampering with computer source document (Section 65): If a
person deliberately conceals, destroys or alters or causes another to
conceal, destroy or alter any computer source code used for a computer
(or computer program, computer system or computer network), when the
computer source code is required to be kept or maintained by law, shall
be punishable with imprisonment up to three years, or with fine which
may extend up to Rs. 2 lakh, or with both. The expression “computer
source code” means the listing of programs, computer commands, design
and layout and program analysis or computer resource in any form. 6
 Hacking with computer system (Section 66): If a person
deliberately causes or knowing that he/she is likely to cause wrongful loss
or damage to the public or any person destroys/deletes/alters any
information residing in a computer resource or diminishes its value or
utility or affects it injuriously by any means, then such a person is said to
have committed hacking.
Publishing of information which is obscene in electronic form
(Section 67): If a person publishes or transmits or causes to be
published in the electronic form, any material that is lascivious
or appeals to the prurient interest or if its effect is such as to
tend to
deprave and corrupt persons, shall be punished on first conviction
with imprisonment of either description for a term which may
extend to five years or with fine that may extend to Rs. 1 lakh. In
the event of a second or subsequent conviction the imprisonment, it
may extend to 10 years and the fine may extend to Rs. 2 lakh.
Action on non-compliance of the Act (Section 68): Section 68
states that the controller may, by order, direct a Certifying Authority or any
employee of such authority to take such measures or cease carrying on such
activities as specified in the order if those are necessary to ensure compliance
with the provisions of the Act, rules or any regulations made there under. Any
person who fails to comply with any such order shall be guilty of an offence and
shall be liable on conviction to imprisonment for a term not exceeding three
years or to a fine not exceeding Rs. 2 lakh or both.
 Punishment on non-compliance (Section 69): According to Section

69, the controller has the authority to direct any agency of the government to
intercept any information transmitted through a computer resource, if it is felt
to be necessary in the interest of sovereignty or integrity of India, preventing
commission of cognizable offences or in the interest of friendly relations with
other states. In such a case, the subscriber or any person in charge of the
computer resource shall extend all facilities and technical assistance to decrypt
the information. If he/she fails to provide the necessary assistance, then he/she
shall be punished with an imprisonment for a term that may extend to seven
years.
Declaration as a protected system (Section 70): Section 70 states
that the appropriate government may declare any computer,
computer system or computer network to be a protected system.
It may authorise persons to have access to the protected system.
Any person who secures access or attempts to secure access to a
protected system without authority from the appropriate
government shall be punished with imprisonment of either
description for a term that may extend to 10 years and shall also
be liable to fine.
 Punishments for various offences (Sections 71-74): Sections 71-
74 also provide the punishment for various offences such as
misrepresentation, breach of confidentiality and privacy,
publishing false
digital signatures and for fraudulent purposes. The punishment for
such offences range from imprisonment up to a term of two years or
a fine extending up to Rs. 1 lakh, or both.
The Information Technology Act, 2000, has been passed to
promote efficient delivery of Government’s services by means
of reliable electronic records.
 Authentication of electronic records is a process used to

confirm the identity of a person or to prove the integrity of
information.
 The Controller shall be the repository of all Digital
Signature Certificates issued under this Act.
 This Act is very important in conducting e-commerce
transactions and for transmission of electronic data, both of
which are relevant to the current e-age.
THE END

IT Act

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 Punishment on non-compliance (Section 69): According to Section

 Authentication of electronic records is a process used to

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