INFORMATION TECHNOLOGY ACT ,2000

INFORMATION TECHNOLOGY ACT 2000

 

Recd. The assent of President of India on 09.06.2000. Was enacted 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 filling of documents with the Govt agencies which involve the use of alternatives to paper based method of communication and storage of information. This law applies to any kind of information in the form of data message used in the context of commercial activities.

OBJECTIVE OF THE ACT



   

To grant legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as Electronic Commerce in place of paper based method of communication. To give legal recognition to Digital signature for authentication of any information or matter which requires authentication under any law. To facilitate electronic filing of documents with Govt Deptt. To facilitate electronic storage of data. To facilitate and give legal sanction to electronic fund transfers between banks and financial institutions. To give legal recognition for keeping books of accounts by bankers in electronic form.

SCOPE AND APPLICATION



 1. 2. 3. 4. 5. 6.

The Act extends to whole of India. The provision of the Act shall also apply to any offence or contravention committed outside India by a person irrespective of the nationality, provided that the act or conduct constituting the offence involves a computer, a computer system , or computer network located in India. The act, however shall not apply to: A negotiable instrument (other than cheque) as defined in Sec 13 of the Negotiable Instrument Act,1881. A power of attorney as defined in Sec 1A of the power of Attorney Act ,1882 A trust as defined in sec 3 of the Indian Trust Act,1882 A will as defined in Sec 2 of the Indian succession Act ,1925 Any contract for the sale or conveyance of immovable property or any interest in such property. Any such class of documents or transactions as may be notified by the central govt in the official Gazettee.

DIGITAL SIGNATURE


Digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure. Any subscriber may authenticate an electronic record by affixing his digital signature. A person in whose name the Digital Signature Certificate is issued on application to Certifying Authority is a subscriber. Electronic record means data , record or data generated, image or sound stored , received or sent in an electronic form or micro film or computer generated micro fiche.

DIGITAL SIGNATURE CERTIFICATE



Digital Signature Certificate is issued by the Certifying Authority to a subscriber. Certifying authority is a person who has been granted a licence to issue a digital Signature Certificate . Any person can make an application to the certifying authority for the issue of digital signature certificate in such form as may be prescribed by the central govt. Every such application shall be accompanied by such fees not exceeding Rs. 25000 as may be prescribed by the central govt to be paid to the certifying authority.

Duties of Subscriber:
 

Subscriber means a person in whose name , the Digital Signature Certificate is issued. The method used to verify and authenticate the identity of the subscriber is known as Subscriber Identity Verification Method Generating key pair: Where the public key of any digital signature certificate correspond to the private key listed in the Digital Signature certificate of that subscriber, then the subscriber shall generate the key pair by applying security procedure. Secure Digital signature: If by application of a security procedure agreed to by the parties concerned , it can be verifed that a digital signature , at the time it was affixed wasunique to the subscriber affixing it capable of identifying such subscriber On acceptance of digital signature certificate:The DSC must have been accepted by the suscriber.A subscriber shall be deemed to have accepted a DSC , if he publishes and authorises the publication of DSC to one or more persons. Control of private keys: Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his DSC and shall take all steps to prevent its disclosure to a person not authorised to affix the digital signature of the subscriber.

ELECTRONIC GOVERNANCE


The act provides for legal recognition of electronic records and digital signatures in Govt and its agencies. Electronic Governance is a recognition by Govt to accept communication , storage of information, acceptance of digital signatures in electronic forms and retention of electronic records and giving it a legal sancity

ELECTRONIC RECORDS


Electronic record means data, record or data generated , image or sound stored , received or sent in an electronic form or micro film or micro fiche Attribute of Electronic Record An electronic record shall be attributed to the originator1 if it was sent by the originator himself 2 by a person who had the authority to act on behalf of the originator in respect of that electronic record 3 By the information system programmed by or on behalf of the originator to operate automatically.

MODES OF ACKNOWLEDGEMENT OF RECEIPT OF ELECTRONIC RECORD



1. 2.

Where the originator has not agreed with the adressee that the acknowledgement of receipt of the electronic record be given in a particular form or by a particular method , an acknowledgement may be given byAny communication by the addressee , automated or otherwise; Any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.

SECURE ELECTRONIC RECORD



Where any security procedure has been applied to an electronic record at a specified point of time , then such record shall be deemed to be a secure electronic record from such point of time to the point of verification.