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Information Technology Act, 2000: Prof. (DR) N. L. Mitra Partner Fox Mandal Solicitors & Advocates
Information Technology Act, 2000: Prof. (DR) N. L. Mitra Partner Fox Mandal Solicitors & Advocates
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Slide 1
MSOffice1 , 1/29/2005
Object of the Act
Electronic Governance made possible
Facilitates Electronic Commerce
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Scope of the Act
The Act covers:
e-Commerce
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Introduction
First statute on IT
Influenced by the Model Law on Electronic
Commerce (UNCITRAL)
Passed on May 15, 2000
Came into force on October 17, 2000
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e-Governance
e-transactions of governance in the Civil
Society.
Criminalization of internet rule violation
and administration of criminal justice.
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e-Governance (CIVIL)
Facilitates of electronic filing of documents with
the Government agencies
Electronic record keeping and data protection
Signature in e-documents and authentication
E-Gazette
E-taxation
Matters connected therewith or incidental
thereto
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Civil Wrong and Remedial Forum
Damage to Computer
Failure to furnish information and return
Adjudicative Officer
Cyber Appellate Tribunal
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e-Governance (Criminalization)
Internet offences:
* Tampering documents
* Hacking system
* Publishing obscene material
* Breach of confidentiality and privacy
* Publication of false digital signature
certificate
* Publication of fourge digital signature
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Criminal Tempering of Computers
with Documents
Knowingly or intentionally does or causes
to be done:
* Conceals
* Destroy
* Alter
Computer source code
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Hacking
Intentionally or knowingly causing or likely
to cause:
*Wrongful loss
*Damage
*Destroys
*Deletes or alters
Any information residing in computer source
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Obscene in Electronic Form
Publishing
Transmission
Causes to be published
Material lascivious or appeals to prurient
interest
Controller’s power to intercept
transmission
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e-Governance (Criminalization)
IT Act brought amendment in the following
Acts:
The Indian Penal Code
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e-Commerce
Use of alternatives to paper-based methods of
communication and storage of information
Electronic contract
Authentication of contract
Documentation and proof
Performance of contract
Settlement of accounts
Dispute resolution
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Applicability of the Act
Whole of India excepting those mentioned
in the Act
Any Offence or Contravention committed
outside India by any person.
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Non-application of the Act
Negotiable Instrument (other than a cheque)
Power of attorney
Trust
Will
Contract for the sale or conveyance of
immovable property or any interest in such
property
Class of documents or transactions notified in
Official Gazette.
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Electronic Gazette
Section 2(1)(s)
Official gazette
Electronic form
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Digital signature
Section 2(1)(p)
Authentication
Electronic method
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Affixing digital signature
Section 2(1)(d)
Adoption of any methodology or procedure
Purpose of authenticating by digital
signature
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Digital signature Certificate
Section 2(1)(q)
Digital signature certificate
Section 35(4)
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Key pair
Section 2(1)(x)
Private key
Mathematically related public key
Public key should verify digital signature
created by the private key
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Asymmetric crypto system
Section 2(1)(f)
Secure key pair
Private key to create digital signature
Public key to verify digital signature
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Definition of Access
Section 2(1)(a)
Gaining entry into
Instructing or communicating
Logical
Arithmetical
Memory function
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Addressee
Section 2(1)(b)
Who receives the electronic record
Not intermediary
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Adjudicating Officer
2(1)(c)
Appointed under section 46(1)
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Appropriate Government
Section 2(1)(e)
Any matter
List II of Seventh schedule
List III of Seventh Schedule
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Certifying Authority
Section 2(1)(g)
Person with license
To issue Digital Signature Certificate
Under Section 24
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Certification Practice system
Section 2(1)(h)
Statement of Certifying Authority
Indicates practice of Certifying Authority in
issuing Digital Signature
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Computer System
Section 2(1)(l)
Device or collection of devices
Includes input and output support devices
Excludes calculators not programmable,
capable of being used in conjunction with
external files
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Computer System
Containing computer programmes,
electronic instructions, input data and
output data
Performs logic, arithmetic, data storage
and retrieval, communication control and
other functions
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Computer
Section 2(1)(i)
Electronic magnetic, optical or other high-
speed data processing device or system
Performs logical, arithmetic, and memory
functions
Manipulation of electronic, magnetic or
optical impulses
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Computer
Inclusion of input, output, processing,
storage, computer software, or
communication facilitates
Connected or related to computer,
computer system or computer network
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Computer Network
Section 2(1)(j)
Interconnection of one or more computers
through
Use of satellite, microwave, terrestrial line or
other communication media
Terminals or a complex consisting of two or
more interconnected computers whether or not
the interconnection is continuously maintained
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Computer Resource
Section 2(1)(k)
Computer
Computer system
Computer network
Data
Computer database or software
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Data
Section 2(1)(o)
Representation of
Information
Knowledge
Facts
Concepts or instructions
Being prepared or have been prepared
To be processed or has been processed
Computer system or computer network
In any form or stored internally in memory
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Information
Computer programme
Software and databases or
Microfilm or
Computer generated micro fiche
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Controller
Section 2(1)(m)
Controller of Certifying Authorities
Appointed under section 17(1)
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Cyber Appellate Tribunal
Section 2(1)(n)
Cyber Regulations Appellate Tribunal
Established under Section 48(1)
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Intermediary
Section 2(1)(w)
Any person who
On behalf of another person
Receives, stores or transmits that
message
Provides service with respect to that
message
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Electronic form
Section 2(1)(q)
Any information
Generated
Sent
Received or stored in media
Magnetic
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Electronic Form
Optical
Computer memory
Micro film
Computer generated micro fiche or similar
device
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Electronic record
Section 2(1)(t)
Data
Record or data generated
Image or sound stored
Received or sent
Electronic form or microfilm or computer
generated micro fiche
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Function
Section 2(1)(u)
Logic
Control
Arithmetical process
Deletion
Storage and retrieval
Communication or telecommunication
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For any query contact
N.L. Mitra
Partner, Fox Mandal
nl.mitra@foxmandal.com
+91-80-25595911
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