OVERVIEW, AIMS & OBJECTS

of
INFORMATION TECHNOLOGY
ACT, 2000
 INFORMATION TECHNOLOGY ACT 2000
 Information technology is one of the important law
relating to Indian cyber laws. It had passed in Indian
parliament in 2000.It consist of 13 chapters and 4
schedules.
 This act is helpful to promote business with the help
of internet. It also set of rules and regulations which
apply on any electronic business transaction.
 Due to increasing crime in cyber space, Govt. of India
understood the problems of internet user and for
safeguarding the interest of internet users, this act
was made.
 OBJECTIVES
 It is objective of I.T. 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 filling 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 RBI and Indian Evidence act for
restricting electronic crime.
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“
 To facilitate electronic filing of documents with
Government agencies and E-Payments
 To amend the Indian Penal Code, Indian
Evidence
Act,1872, the Banker’s Books Evidence Act
1891,Reserve Bank of India Act ,1934
 SCOPE
 Every electronic information is under the scope of I.T.
Act 2000 but following electronic transaction is not
under I.T. Act 2000
 Information technology act 2000 is not applicable on
the attestation for creating trust via electronic way.
Physical attestation is must.
 I.T. Act 2000 is not applicable on the attestation for
making will of any body. Physical attestation by two
witnesses is must.
 A contract of sale of any immovable property.
 Attestation for giving power of attorney of property
is not possible via electronic record.
 CHAPTERS OF I.T. ACT 2000
 Chapter II
Any contract which is done by subscriber. If he signs
the electronic agreement by digital signature. Then it
will be valid.
 Chapter III
This chapter explains the detail that all electronic
records of govt. are acceptable unless any other law has
any rules regarding written or printed record.
 Chapter IV
This chapter deals with receipts or acknowledgement of
any electronic record. Every electronic record has any
proof that is called receipt and it should be in the hand
who records electronic way.
 Chapter V
This chapter powers to organization for securing the electronic records
and secure digital signature. They can secure by applying any new
verification system.
 Chapter VI
This chapter states that govt. of India will appoint controller of
certifying authorities and he will control all activities of certifying
authorities. “Certifying authority is that authority who issues digital
signature certificate.”
 Chapter VII
In this chapter powers and duties of certifying authority is given.
Certifying authority will issue digital signature certification after
getting Rs. 25000. If it is against public interest, then C.A. can suspend
the digital signature certificate.
 Chapter VIII
This chapter tells about the duties of subscribers regarding digital
signature certificate . It is the duty of subscriber to accept that all
information in digital signature certificate that is within his
knowledge is true .
 Chapter IX
If any body or group of body damages the computers , computer
systems and computer networks by electronic hacking , then they
are responsible to pay penalty up to Rs. 1 crore . Fore judgment
this , govt. can appoint adjucating officer .
 Chapter X
Under this chapter, cyber regulation appellate tribunal can be
established. It will solve the cases relating to orders of
adjudicating officers.
 Chapter XI
For controlling cyber Crime, Govt. can appoint cyber
regulation advisory committee who will check all cyber
crime relating to publishing others information. If any
fault is done by anybody, he will be responsible for
paying Rs. 2 lakhs or he can get punishment of 3 years
living in jail or both prison and penalty can be given to
cyber criminal.
 Chapter XII
Police officers have also power to investigate
dangerous cyber crime under IPC 1860 , Indian
Evidence Act 1872 and RBI Act 1934
 ADVANTAGES OF I.T. ACT
2000
 Helpful to promote e-
commerce
 Enhance the corporate
business
 High penalty for cyber crime
 Filling online forms
SHORTCOMING OF I.T. ACT 2000
 Infringement of copyright has not been
included in this law.
 No protection for domain names.
 The act is not applicable on the power of
attorney, trusts and will.
 Act is silent on taxation.
 No, provision of payment of stamp duty
on electronic documents.
 Definitions ( section 2)
 "computer" means electronic, magnetic, optical or other high-speed
date processing device or system which performs logical, arithmetic
and memory functions by manipulations of electronic, magnetic or
optical impulses, and includes all input, output, processing, storage,
computer software or communication facilities which are connected
or relates to the computer in a computer system or computer
network;
 "computer network" means the inter-connection of one or more
computers through-
(i) the use of satellite, microwave, terrestrial lime or other
communication media; and
(ii) terminals or a complex consisting of two or more interconnected
computers whether or not the interconnection is continuously
maintained;
 "computer system" means a device or collection of devices,
including input and output support devices and excluding calculators
which are not programmable and capable being used in conjunction
with external files which contain computer programmes, electronic
instructions, input data and output data that performs logic,
arithmetic, data storage and retrieval, communication control and
other functions;
 "data" means a representation of information, knowledge, facts,
concepts or instruction which are being prepared or have been
prepared in a formalised manner, and is intended to be processed,
is being processed or has been processed in a computer system or
computer network, and may be in any form (including computer
printouts magnetic or optical storage media, punched cards,
punched tapes) or stored internally in the memory of the computer.
 "electronic record" means date, record or date generated, image or
sound stored, received or sent in an electronic form or micro film or
computer generated micro fiche;
 “secure system” means computer hardware, software, and procedure
that-
(a) are reasonably secure from unauthorized access and misuse;
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended function; and
(d) adhere to generally accepted security procedures
 “security procedure” means the security procedure prescribed by the
Central Government under the IT Act, 2000.
 secure electronic record – where any security procedure has been
applied to an electronic record at a specific point of time, then such
record shall be deemed to be a secure electronic record from such
point of time to the time of verification