AN OVKRVIEM OP CYRER WORD AND CYBER LAM

perusal of the said statement below would give an original and comprehensive
understanding of the IT Act.
The following are the statement of obiects and reasons of the IT
Act, 2000!
1. New communication systems and digital technology have made
dramatic changes in the way we live. A revolution is occurring in the
way people transact business. Businesses and consumers are
increasingly using computers to create, transmit and store informa
tion in the electronic form instead of traditional paper documents.
Information stored in electronic form has many advantages. .It is
heaper, easier to store, retrieve and speedier to communicate.
Although people are aware of these advantages they are reluctant to
conduct business or conclude any transaction in the electronic form
due to lack of appropriate legal framework. The two principal
hurdles which stand in the way of facilitating electronic commerce
and electronic governance are the requirements as to writing and
signature for legal recognition.
2. At present, many legal provisions assume the existence of paper
based records and documents and records which should bear signa
tures. The Law of Evidence is traditionally based upon paper based
records and oral testimony. Since electronic commerce eliminates
the need for paper based transactions, hence to facilitate e-com
merce, the needs for legal changes have become an urgent
necessity. International trade through the medium of e-commerce is
growing rapidly in the past few years and many countries have
switched over from traditional paper based commerce to e
Commerce.

3. The United Nations Commission on International Trade Law

(UNCITRAL) adopted the Model Law on Electronic Commerce in
1996. The General Assembly of United Nations by its Resolution
No. 51/162, dated 30 January 1997, recommended that all States
when
should give favorable considerations to the said Model Law uca

they enact or revise their laws.The Model Law provides for equal
legal treatment of users of electronic communication and paper
member
based communication. Pursuant to a recent declaration by
countries, the World Trade Organization is likely to form a work
programmed to handle its work in this area including the possible
creation of multilateral trade deals through the medium of electronic
Commerce.

4. There is a need for bringing in suitable amendments in the existing

pro
laws in our country to tacilitate e-commerce. It is, therefore,
 CYBER LAW
posed to provide for legal
recognition of
ital signatures. This will enable
creation of rights and obligationsthethrough concusi onelectronic
of
is also proposed to provide
Certifying
prevent the
Authorities
for
issuing
a
regulatory
Digital regim e to contraciS
the electronic Tmediurn,
and he
possible arising out Siofgnature
dealings concluded overmisusethe SCerticUapteersis.e
he
5.
to create civil and electroni c tcontrraaventnsacitioonns poposed
sions of the proposedcriminal liabilities for medium, is aso and other
legislation.
With a view to facilitate
it
of
the prot
To

provide for the use and Electronic

acceptance ofGovernance, it is
signatures in the
make the citizen's Government offices electronic ecordess.prandoposThiesdidgitato
ragenci
free. interaction with the and its
6. It is also
proposed to make consequential
and the Evidence
Governmental offices hassewil
Act, 1872 to provide for
various provisions which
deal with
e amendment s in the PC
necessary changes in the
and paper based offences
It is also relating to
Reserve Bank of transactions. documentthes
fers between the India Act, 1934 to facilitateproposed to amend
financial institutions and bankselectronic
Books Evidence Act, and
fund trans.
the Banker's
account maintained in the1891 to give legal
electronic form by
sanctity for books
7. The proposal was also the banks.
circulated the State Governments. They
have supported the proposed to
urgency for such legislation and have also expressed
8. The Bill seeks to legislation.
9. The Act, thus,
achieve the above objectives.
heralds the
activities within the legal fore.paperless world and brings all such
It not only legalizes all electronic
transmissions but making it legally viable, it also encouragesthe
common man to adapt to the digital situation.
Salient features of the ActThe Act envisages the following saeni
features
I. Recognition and protection of paperless transactions.
2
Atribution of electronic messages, i.e. once the message e
attributed to
information
him !
system of the originator of messages, itis
3. This being a cyber law dealing with Commercial transactions, it
electronic
pointedly gives legal recognition to Digital Signatures,
records, electronic fling. [Chapters I, VI, VlandVJ hindrancein
4 cause a
Certain on-line infractions which can possibly
ulations (2nd Edn.,