WHAT IS INFORMATION TECHNOLOGY ACT - 2000?

The Information Technology Act, 2000 or ITA, 2000 or IT Act, was notified on October 17, 2000. It is a law that deals with cybercrime and electronic commerce in India.


In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce (E-Commerce) to bring uniformity in law in different countries. In addition, the General Assembly of the United Nations recommended that all countries should consider this model law before making changes to their own laws.


India became the 12th country to enable cyber law after passing the Information Technology Act, 2000. While the first draft was created by the Ministry of Commerce, Government of India as the ECommerce Act, 1998, it was re-framed as the Information Technology Bill, 1999, and was passed in May 2000.


WHAT IS INFORMATION TECHNOLOGY ACT - 2000?


The IT Act - 2000, seeks to change the old laws and provide ways to deal with cybercrimes. The Act provides a much-needed legal framework whereby the information will not be denied legal effect, legality, or enforcement, except if the entire information is provided by electronic records through the acceptance of this Act, making a digital form of government documents.


Retention is an effort to empower government departments. The Act proposes the creation and legalization of electronic records, a legal framework through digital signature. 


The major provisions of the IT Act are as follows -


  • Chapter II of the Act states that any customer can authenticate an electronic record by adding his digital signature. Any person can verify an electronic record using the customer's public key.
  • The third chapter of the Act details the legal validity of digital signatures regarding electronic governance.
  • Chapter IV of the Act lays down a scheme for the "certificate of exchange" certificate of officers. The Act fulfills the vision of the Comptroller of the Certifying Authorities, who will act as a watchdog on the activities of the authorities, as the standard and conditions governing the certificate authorities will also display various forms and digital signature certificates. The Act recognizes the need to identify foreign officials. The digital signature gives more details of the certificate, issuing issues of provisions for obtaining the license.
  • Chapter VII of the Act gives details of the scheme of things related to digital signature certificates. Duties/duties of consumers are also enshrined in this Act.
  • The ninth chapter of the Act gives details about the Penalties / Penalties / Penalties and Adjudication Act for various offenses. No more than Rs 1 crore has been fixed as compensation for personal loss to the affected persons and loss of computer system etc. The Act calls for the appointment of an Adjudicating Officer. In which that officer has violated any of the provisions by any person, it shall be decided by this officer shall be an equivalent officer of the Government of India or the State Government, not below the range of a director. This Adjudicating Officer has been given an officer of a civil court.
  • Chapter 10 of the Act gives details about the setting up of the 'Cyber ​​Regulation Appellate Tribunal', in which it would be preferred to appeal against the order passed by the Adjudicating Officers.
  • The eleventh chapter of the Act deals with various crimes and the crimes will be investigated by a police officer who will be the Deputy Superintendent of Police. These crimes will include information on interference with computer source documents, including pornographic publishing and hacking in electronic form. The Act is also available for the formation of a 'Cyber ​​Exchange Advisory Committee, which advises the Government to associate with any rule or any other purpose relating to the Act. The Act provides for amendment of 'Indian Penal Code - 1860' 'Indian Evidence Act 1872' 'The Bankers' Book Evidence Act - 1891 'Reserve Bank of India Act-1934' to make them compliant with the provisions.

FEATURES OF THE INFORMATION TECHNOLOGY ACT, 2000


  • All electronic contracts made through secure electronic channels are legally valid.
  • Legal recognition for digital signature.
  • Security measures are in place for electronic records and digital signatures
  • A procedure has been finalized for the appointment of Assistant Officers for conducting inquiries under the Act.
  • Provision for the establishment of a Cyber ​​Regulatory Appellate Tribunal under the Act. Further, this tribunal will handle all appeals made against the order of the Comptroller or Assistant Officer.
  • Appeal against the order of the Cyber ​​Appeal Tribunal is possible only in the High Court
  • The digital signature will use an asymmetric cryptosystem and a hash function
  • Provision for appointment of Controller of Certifying Authorities (CCA) and to regulate the work of certified officers. The controller acts as a repository of all digital signatures.
  • The Act applies to offenses or violations committed outside India.
  • Senior police officers and other officers can enter any public place and make searches and arrests without warrants.
  • Provisions for constitution of a Cyber ​​Regulations Advisory Committee to advise the Central Government and the Controller.

The purpose of the Act


The Information Technology Act, 2000 provides legal recognition for transactions conducted through electronic exchange of data and other electronic means of communication or electronic commerce transactions.


It also includes the use of an alternative to a paper-based method of communication and information storage to facilitate electronic filing with government agencies. In addition, the Act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the Bankers Books Evidence Act 1891, and the Reserve Bank of India Act 1934. 


The objectives of the Act are as follows:


  1. To give legal recognition to Electronic Data Interchange.
  2. Regulating Electronic Commerce (E-Commerce).
  3. To facilitate the submission of documents electronically to government departments or agencies.
  4. Legal recognition of digital signature for authentication requiring legal authentication of any information or case
  5. Electronic storage facilities
  6. Provide legal approval and facilitate the electronic transfer of funds between banks and financial institutions

In other words, the act is obtained from electronic records, such as data records, images, sounds, etc., which are stored in the form of electronic or micro-films or computer-generated microfiche called flat sheets. Provides legal recognition to whether or not sent. Thus, it is a notable step to move away from the legal tradition of recognizing only paper documents.


Act to be applied 


  1. Negotiable Instruments
  2. Power of attorneys
  3. Trusts
  4. Wills and other evidence
  5. Contract, sale, or use facility of immovable properties.
  6. Transactions of any other type of document or transaction reported by the federal government. 
AKASH TIMES

I AM AN ENGINEER BY PROFESSION BUT BLOGGER IS MY OLD DAYS DREAM TO CREATE MY OWN SITE FOR THOSE WHO ARE CURIOUS ABOUT MY BIRTHPLACE THEN I AM COMING FROM (INDIA). THE CURRENT CITY LIVES IN NAVI MUMBAI, INDIA

Post a Comment

IF YOU HAVE ANY PROBLEM PLEASE FELL FREE TO CONTACT US BY - AKASH TIMES

PREVIOUS POST NEXT POST