INFORMATION TECHNOLOGY ACT

BY GAURAV MITTAL & SANDEEP KAUSHIK BUSINESS LAW-2ND SEMESTER LAW-

DEFINITION  INFORMATION TECHNOLOGY : It is the development. storage. transmission and use of information. . installation. and implementation of computer systems and applications that helps in the acquisition. representation.

This act is helpful to promote business with the help of internet. It also sets rules and regulations which apply on any electronic business transaction. no ( 21 ) It had passed in Indian parliament in 2000. Govt. this act was made. Due to increasing crime in cyber space.INTRODUCTION TO THE ACT  Information technology act is an act of the Indian parliament sec. of India understood the problems of internet user and for safeguarding the interest of internet users.    .

2000.HISTORY TO THE ACT  Following the UN Resolution India passed the Information Technology Act 2000 in May 2000 and notified it for effectiveness on October 17. The Information Technology Act 2000 Amendment bill 2006 has since been passed by the Indian parliament on December 23. This is referred to as UNCITRAL . The United Nations General Assembly by passing a resolution dated 30 January 1997 adopted a model Law on Electronic Commerce adopted by the united nations commission on international trade law .   . 2009. 2008 which was then notified in official gazette in February.

15. 16) (7) Data Protection (Sections 43 & 66) (8) Protection of information from computer to computer (Section 69) (9) Investigation of computer crimes to be investigated by officer at the DSP (Deputy Superintendent of Police) level .SALIENT FEATURES TO THE ACT The salient features of the Information Technology Act. 2000 are as follows:³ follows:³ (1) (2) (3) (4) (5) (6) Extends to the whole of India (Section 1) Authentication of electronic records (Section 3) Legal recognition of electronic records (Section 4) Legal recognition of electronic signatures (Section 5) Retention of electronic record (Section 7) Security procedure for electronic records and digital signature (Sections 14.

2. To stop computer crime and protect privacy of internet users. To amend the Indian penal code. 1934. the RBI Act.OBJECTIVES OF THE ACT 1. .Its objective is to give legal recognition to any transaction which is done by electronic way or use of internet. 4. Indian evidence act 1872. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form. To provide facility of filling document online relating to school admission or registration in employment exchange. 5. 3.

then they are responsible to pay penalty upto Rs. 3. Then it will be valid. Any contract which is done by subscriber. 5.Police officers have also power to investigate dangerous cyber crime under IPC 1860 . . 2. If any body or group of body damages the computers .PROVISIONS TO THE ACT 1. Indian Evidence Act 1872 and RBI Act 1934 . This states that govt. If he signs the electronic agreement by digital signature. of India will appoint controller of certifying authorities and he will control all activities of certifying authorities. 4. computer systems and computer networks by electronic hacking . Every electronic record should have a proof that is called ´receiptµ and it should be in the hand who records electronic way. 1 crore .

Helpful to promote e-commerce e‡ Email is valid ‡ Digital signature is valid. High penalty for cyber crime Law has power to penalize for doing any cyber crime. ‡ Online contract is valid 2. of cyber crime has reduced. filling online forms for different purposes has become so easy. 3. After making of this law. Filling online forms ::After providing facility. nos.ADVANTAGES 1. . ‡ Payment via credit card is valid.

OFFENCES TO THE CYBER       Tampering with computer source documents Hacking with Computer system Publishing of information which is obscene in electronic form Penalty for misrepresentation Breach of confidentiality and privacy Penalty for publishing Digital Signature Certificate false in certain particulars. .

A contract of sale of any immovable property.T. I.DENYING OF THE ACT Every electronic information is under the scope of I. Information technology act 2000 is not applicable on the attestation for creating trust via electronic way. 3. 4. Act 2000 1. Act 2000 is not applicable on the attestation for making will of any body.T.T. . Physical attestation is must. Physical attestation by two witnesses is must. 2. Act 2000 but following electronic transaction is not under I. Attestation for giving power of attorney of property is not possible via electronic record.

New Provisions Added Through Amendments New Section to address technology neutrality from its present ´technology specificµ form (i.e. Digital Signature to Electronic Signature) (section 3A) ‡New Section to address electronic contract (Section 10A) ‡New Section to address data protection and privacy (Section 43 ) ‡Body corporate to implement best security practices ( Sections 43A & 72 A ) ‡New Section to address new forms of computer misuse ² Impersonation ² Identity theft and E-commerce frauds Elike phishing ² Video voyeurism ² Offensive messages and Spam ² Pornography ( Section 419 A) (Section 417 A) ( Section 502A) ( Section 66 A ) ( Section 67A) .

spamming. data protection obligations and mechanisms. introducing legal recognition to electronic signatures. provisions for cyber security threats such as cyber terrorism.CONCLUSION India·s Information Technology Act. 2000 is comprehensive legislation but contains many lacunae. constant amendments in the legal statutory framework will always be essential.Hence. video pornography on internet. and other crimes. Although it aims to bring significant changes in extant cyber laws in India. There may be still some problems persisting which will surface with the passage of time . identity theft. .

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