The IT Act (Information Technology Act) 2000 is an important law that governs electronic transactions and communication in India. The act was enacted on 17 October 2000. IT Act was introduced to provide legal recognition. It is for transactions carried out through electronic data interchange and other electronic means of communication. To facilitate electronic filing of documents with the government. And to provide a legal framework for digital signatures and electronic authentication. IT Act covers a wide range of issues related to electronic communication and transactions. Including electronic contracts, signatures, privacy and data protection, cyber crimes.

Also read:- Child Marriage in India 

IT Act 2000

The Information Technology Act 2000 is an Indian law that governs electronic transactions and digital communications. It was enacted by the Parliament of India on 9th June 2000 and came into force on 17th October 2000. The full text of the IT Act 2000 can be found in the official Gazette of India. Or on the website of the Ministry of Electronics and Information Technology.

Salient Features of Informational Technology Act 2000

1. Legal Recognition of Electronic Records: The IT Act 2000 provides legal recognition to electronic records and digital signatures, which was not the case before. This means that electronic documents and signatures are admissible as evidence in court.
2. Cybercrime: The Act defines various cyber crimes such as hacking, cyber terrorism, and identity theft, and prescribes penalties for them. It also establishes the Cyber Appellate Tribunal to handle appeals related to cybercrime.
3. Data Protection: The Act requires that entities collecting and processing personal data must obtain consent from the individual and provide certain disclosures. It also provides for penalties for breach of data protection obligations.
4. Digital Signatures: The Act provides a legal framework for the use of digital signatures and electronic authentication techniques, making them legally binding and enforceable in court.
5. Exemptions: The Act provides exemptions to intermediaries, such as internet service providers and social media platforms, from liability for any third-party content they host, provided they comply with certain conditions such as taking down objectionable content promptly upon notification.

Offences and Punishment Under Informational Technology Act

The IT Act 2000 (Information Technology Act, 2000) of India provides for several offences related to the use of computers, computer networks, and digital communication. Some of the main offences under the IT Act 2000 include:

1.Hacking (Section 66)

This section makes it an offence to gain unauthorized access to a computer system, network, or data. It prescribes imprisonment of up to 3 years and/or a fine of up to 5 lakh rupees.

2.Cyber Terrorism (Section 66F)

This section makes it an offence to commit any act of terrorism using a computer system or network. The punishment for this offence is imprisonment for life.

3.Publishing or transmitting obscene material (Section 67)

This section makes it an offence to publish, transmit, or cause to be published or transmitted, any obscene material in electronic form. The punishment for this offence is imprisonment of up to 3 years and/or a fine of up to 5 lakh rupees.

4.Identity Theft (Section 66C)

This section makes it an offence to steal another person’s electronic identity, including login credentials or personal identification information. The punishment for this offence is imprisonment of up to 3 years and/or a fine of up to 1 lakh rupees.

5.Breach of Confidentiality and Privacy (Section 72)

This section makes it an offence to access or disclose any information stored in a computer system, without the owner’s permission. The punishment for this offence is imprisonment of up to 2 years and/or a fine of up to 1 lakh rupees.

It’s important to note that there are many other offences and penalties prescribed under the IT Act 2000, and individuals and organizations should comply with the relevant laws and regulations when using digital communication and technology.

When Informational Technology Act 2000 came into Effect?

The IT Act 2000 (Information Technology Act, 2000) came into effect on October 17, 2000. It was enacted by the Indian Parliament to provide a legal framework for electronic governance and to facilitate electronic commerce. The Act has been amended several times since its enactment, with the latest amendment being the IT (Amendment) Act, 2008. The IT Act 2000 has had a significant impact on the growth of India’s information technology sector and has enabled the country to become a leading player in the global IT industry.

How does Informational Technology Act 2000 Facilitate E-Governance

The IT Act 2000 (Information Technology Act, 2000) of India facilitates e-governance in several ways:

Legal recognition of electronic records:

The Act provides legal recognition to electronic records, digital signatures, and electronic authentication techniques, making them legally binding and enforceable in court. This means that government agencies can use electronic records for their administrative purposes and can accept electronic signatures as valid and legally binding.

Security of electronic transactions:

The Act provides for the security and integrity of electronic transactions, including the use of encryption and digital signatures. This makes electronic transactions secure and helps to prevent fraud and misuse of information.

Regulation of Certifying Authorities:

The Act provides for the regulation of Certifying Authorities (CAs). Which issue digital certificates that are used to verify the identity of individuals and organizations engaged in e-commerce and e-governance. The CAs require to comply with certain standards and guidelines to ensure the integrity and security of digital certificates.

Electronic delivery of services:

The Act enables government agencies to deliver services electronically, such as filing of tax returns, issuing of licenses and permits, and delivery of benefits and subsidies. This improves the efficiency and speed of service delivery, reduces administrative costs, and increases transparency.

Cybercrime prevention:

The Act contains provisions to prevent and deter cybercrime, such as hacking, identity theft, and unauthorized access to computer systems. This helps to ensure the security and integrity of government systems and the confidentiality of sensitive information.

Overall, the IT Act 2000 provides a legal framework for e-governance in India and helps to promote the use of electronic communication and technology in government services and administration.

Also read:- Indian Divorce Act 1869

Informational Technology Act 2000 and 2008 Objective

The IT Act 2000 (Information Technology Act, 2000) and the IT (Amendment) Act, 2008 have different objectives, although they both pertain to the regulation of electronic communication and technology in India.

The primary objective of the IT Act 2000 was to provide a legal framework for electronic governance and to facilitate electronic commerce in India. The Act aimed to:

• Recognize electronic records and digital signatures as legally binding and enforceable in court
• Regulate the use of electronic communication and technology in government administration and services
• Provide for the security and integrity of electronic transactions and data
• Prevent and deter cybercrime, including hacking and identity theft

The IT (Amendment) Act, 2008 was introduced to amend certain provisions of the IT Act 2000 and to address new challenges and emerging issues in the field of electronic communication and technology. The main objectives of the IT (Amendment) Act, 2008 were to:

• Strengthen data protection and privacy provisions in the IT Act 2000
• Address issues related to cyber terrorism, such as the use of computers and networks for terrorist activities
• Enhance the powers of the government to intercept and monitor electronic communication for national security purposes
• Provide for the establishment of a Cyber Appellate Tribunal to handle appeals related to cybercrime

Overall, the IT Act 2000 and the IT (Amendment) Act, 2008 have the common objective of promoting the use of electronic communication and technology in India, while ensuring the security, integrity, and privacy of electronic transactions and data, and preventing cybercrime.

Certifying Authorities under Informational Technology Act

Under the IT Act 2000 (Information Technology Act, 2000), Certifying Authorities (CAs) are entities that issue digital certificates. Which verify the identity of individuals and organizations engaged in electronic communication and commerce. The CAs play a crucial role in ensuring the security and integrity of electronic transactions and data.

The IT Act 2000 provides for the regulation of CAs to ensure their credibility, reliability, and accountability. The Act defines CAs as any person who issues a digital signature certificate. It requires the CAs to comply with certain guidelines and standards.

Some of the key provisions related to CAs under the IT Act 2000 include:

Licensing:

The Act requires CAs to obtain a license from the Controller of Certifying Authorities (CCA) to issue digital certificates.

Certification Practice Statement (CPS):

The Act requires CAs to prepare a CPS that describes their policies and practices related to issuing and managing digital certificates. The CPS must submit to the CCA for approval.

Security standards:

The Act requires CAs to adhere to certain security standards and guidelines, such as the use of encryption, secure storage of private keys, and protection against unauthorized access.

Liability:

The Act holds CAs liable for any loss or damage caused by their negligence or misconduct.

Audit and compliance:

The Act empowers the CCA to conduct audits and inspections of CAs to ensure compliance with the Act and the guidelines.

Overall, the IT Act 2000 provides a regulatory framework for CAs. It is to ensure the security and reliability of digital certificates and to promote the use of electronic communication and commerce in India.

Penalties and Adjudication Under Informational Technology Act 2000

The IT Act 2000 provides for penalties and adjudication for offences related to electronic communication and technology in India. The Act specifies different penalties for different offences, depending on the nature and severity of the offence.

Penalties include:

• Imprisonment: Offences such as hacking, cyber terrorism, and identity theft are punishable with imprisonment for a term ranging from three years to life, depending on the nature and gravity of the offence.
• Fine: The Act also provides for fines for offences related to electronic communication and technology. The amount of fine varies depending on the nature and severity of the offence.
• Compensatory damages: The Act provides for the award of compensatory damages to victims of cybercrime or unauthorized access to computer systems.

Adjudication under the IT Act  is carried out by designated authorities, such as Adjudicating Officers and Cyber Appellate Tribunals. The Adjudicating Officers are appointed by the Central Government. Thus they are responsible for adjudicating on the contraventions of the provisions of the Act.

The Cyber Appellate Tribunal is established under the Act to hear appeals against the orders of Adjudicating Officers. The Tribunal has the power to review the orders of the Adjudicating Officers and to pass appropriate orders on the appeals.

Overall, the penalties and adjudication provisions under the IT Act 2000 aim to deter cybercrime. And to provide remedies to victims of electronic offences. These provisions are important in ensuring the security and integrity of electronic communication and technology in India.

Also read:- Dowry System In India 

How many Schedules are there in Informational Technology Act 2000

The IT Act 2000 has eight Schedules. These Schedules provide detailed information on various aspects of the Act. Such as digital signatures, electronic governance, data protection, and security procedures.

The eight Schedules of the IT Act 2000 are as follows:

First Schedule:
This Schedule provides the text of the Indian Penal Code (IPC) provisions that are applicable to cybercrime and other offences under the Act.

Second Schedule:
This Schedule provides the rules and procedures for issuing digital signatures and digital certificates by Certifying Authorities.

Third Schedule:
This Schedule outlines the procedures for the appointment of Adjudicating Officers and the conduct of adjudication proceedings under the Act.

Fourth Schedule:
This Schedule provides the procedures for the interception and monitoring of electronic communication by government agencies for national security purposes.

Fifth Schedule:
This Schedule outlines the requirements and procedures for the preservation and retention of electronic records by various entities.

Sixth Schedule:
This Schedule provides the rules and procedures for the recognition of foreign Certifying Authorities and foreign digital signatures.

Seventh Schedule:
This Schedule provides the procedures for the recognition and acceptance of electronic records and digital signatures in legal proceedings.

Eighth Schedule:
This Schedule provides the guidelines and standards for the security procedures and practices to be followed by various entities, including Certifying Authorities, government agencies, and corporate entities.

Overall, the Schedules of the IT Act 2000 provide important details on the implementation, interpretation, and enforcement of the Act, and are essential for ensuring the effective regulation of electronic communication and technology in India.