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THE INFORMATION TECHNOLOGY ACT, 2000

OBJECTS:1) To provide legal recognition to transactions carried


by means of electronic data interchange and by e-commerce.
2) To facilitate electronic filing of documents with governments..
3) To give favorable consideration to the model law
recommended by UNCITRAL to maintain harmony with
other international laws.
THE IT ACT 2000 SHALL NOT APPLY TO :
A negotiable instrument excluding cheques.
Power of Attorney.
A trust as defined under Trust Act.
A will as defined under the Indian Succession Act.
Any contract for sale of immovable property.

THE INFORMATION TECHNOLOGY ACT,2000


CLICK WRAP CONTRACTS: The click wrap or
web-wrap contracts are commonly used in connection
with e commerce transactions. With these agreements
the buyer or user usually explicitly assents to these
terms by clicking on a button stating
I agree or
I accept after having had an opportunity to review the
terms.
SHRINK - WRAP CONTRACTS: These contracts are
entered on the basis of the license or failing to return
the product within the specified period like 7 to 14 days.
ELECTRONIC SIGNATURE: It means authentication of
any electronic record by a subscriber by means of the
electronic techniques specified in the Second Schedule
and includes digital signature.

Digital Signature

Means authentication of any electronic record by


a subscriber by means of an electronic method
or procedure in accordance with the provisions
of I T Act.
Digital signature is evolved under two steps:
First the electronic record is converted into
message digest by hash function.
Secondly, the identity of the person affixing the
digital signature is authenticated through the use
of private key which attaches itself to the
message digest and which can be verified by
any person who has the public key
corresponding to private key.

ELECTRONIC GOVERNANCE
Where any law provides that information or any other matter shall be in
writing or typewritten or printed form, such requirement shall be
deemed to have been satisfied if such information or matter is:
1) rendered or made available in an electronic form and
2) accessible so as to be usable for a subsequent reference.
LEGAL RECOGNITION OF ELECTRONIC SIGNATURE: Where any
law provides that information shall be authenticated by affixing the
signature such requirement shall be deemed to have been satisfied, if
such information is authenticated by means of electronic signature
affixed.
NO right to insist acceptance of document in electronic form: The Act
does NOT confer a right upon any person to insist that any Ministry or
Department should accept, issue, create, retain and preserve any
document in the form of electronic records or effect any monetary
transaction in the electronic form.

CYBER OFFENCES AND PENALTIES

1) Damaging computer / network.


Penalty: up to Rs. 1 Cr.
2) Non compliance with reporting system
: refer table.
3) Tampering :
3 years Imprisonment or Rs.2 L fine or both
4) Hacking / violation of privacy
--- do --5) Transmission of obscene material: Impri. 5 years + fine Rs. 10 L
6) Misrepresentation to controller of certifying authority: Refer table
7) False information in D. Sig. certificate: Impri. 2 years + 1L or both
8) Breach of confidentiality:
-- do
9) Misuse of D. signature:
-- do --

The Act also provides for confiscation of any computer and all other
accessories in respect of contravention of any provision of the Act,
rules, regulations or orders made there under.