The Information Technology Act, 2000

The Information Technology Act, 2000 is an Indian law that deals with electronic commerce, digital signatures, cybercrime, and other aspects of the digital world.

Information TechnologyElectronic CommerceDigital SignaturesCybercrimeEncryptionData Protection

Summary

The Information Technology Act, 2000 is an important legislation that provides legal recognition for transactions carried out through electronic means, such as electronic contracts and digital signatures. The Act also deals with issues related to cybercrime, such as hacking, identity theft, and unauthorized access to computer systems. It includes provisions for the punishment of cybercrime offenses and the establishment of a Cyber Appellate Tribunal. Additionally, the Act contains provisions to regulate the use of encryption and digital signatures, as well as guidelines for the handling of sensitive personal data. Overall, the Information Technology Act, 2000 is a crucial piece of legislation that has helped India keep pace with the rapidly evolving digital landscape.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent, commencement and application

Section 2 : Definitions

CHAPTER II
DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

Section 3 : Authentication of electronic records

Section 3A : Electronic signature

CHAPTER III
ELECTRONIC GOVERNANCE

Section 4 : Legal recognition of electronic records

Section 5 : Legal recognition of electronic signatures

Section 6 : Use of electronic records and electronic signatures in Government and its agencies

Section 6A : Delivery of services by service provider

Section 7 : Retention of electronic records

Section 7A : Audit of documents, etc, maintained in electronic form

Section 8 : Publication of rule, regulation, etc, in Electronic Gazette

Section 9 : Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form

Section 10 : Power to make rules by Central Government in respect of electronic signature

Section 10A : Validity of contracts formed through electronic means

CHAPTER IV
ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

Section 11 : Attribution of electronic records

Section 12 : Acknowledgment of receipt

Section 13 : Time and place of despatch and receipt of electronic record

CHAPTER V
SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE

Section 14 : Secure electronic record

Section 15 : Secure electronic signature

Section 16 : Security procedures and practices

CHAPTER VI
REGULATION OF CERTIFYING AUTHORITIES

Section 17 : Appointment of Controller and other officers

Section 18 : Functions of Controller

Section 19 : Recognition of foreign Certifying Authorities

Section 20 : [Omitted]

Section 21 : Licence to issue electronic signature Certificates

Section 22 : Application for licence

Section 23 : Renewal of licence

Section 24 : Procedure for grant or rejection of licence

Section 25 : Suspension of licence

Section 26 : Notice of suspension or revocation of licence

Section 27 : Power to delegate

Section 28 : Power to investigate contraventions

Section 29 : Access to computers and data

Section 30 : Certifying Authority to follow certain procedures

Section 31 : Certifying Authority to ensure compliance of the Act, etc

Section 32 : Display of licence

Section 33 : Surrender of licence

Section 34 : Disclosure

CHAPTER VII
ELECTRONIC SIGNATURE CERTIFICATES

Section 35 : Certifying authority to issue electronic signature Certificate

Section 36 : Representations upon issuance of Digital signature Certificate

Section 37 : Suspension of Digital Signature Certificate

Section 38 : Revocation of Digital Signature Certificate

Section 39 : Notice of suspension or revocation

CHAPTER VIII
DUTIES OF SUBSCRIBERS

Section 40 : Generating key pair

Section 40A : Duties of subscriber of Electronic Signature Certificate

Section 41 : Acceptance of Digital Signature Certificate

Section 42 : Control of private key

CHAPTER IX
PENALTIES, COMPENSATION AND ADJUDICATION

Section 43 : Penalty and compensation for damage to computer, computer system, etc

Section 43A : Compensation for failure to protect data

Section 44 : Penalty for failure to furnish information, return, etc

Section 45 : Residuary penalty

Section 46 : Power to adjudicate

Section 47 : Factors to be taken into account by the adjudicating officer

CHAPTER X
THE APPELLATE TRIBUNAL

Section 48 : Appellate Tribunal

Section 49 : [Omitted]

Section 50 : [Omitted]

Section 51 : [Omitted]

Section 52 : [Omitted]

Section 52A : [Omitted]

Section 52B : [Omitted]

Section 52C : [Omitted]

Section 52D : Decision by majority

Section 53 : [Omitted]

Section 54 : [Omitted]

Section 55 : Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings

Section 56 : [Omitted]

Section 57 : Appeal to Appellate Tribunal

Section 58 : Procedure and powers of the Appellate Tribunal

Section 59 : Right to legal representation

Section 60 : Limitation

Section 61 : Civil court not to have jurisdiction

Section 62 : Appeal to High Court

Section 63 : Compounding of contraventions

Section 64 : Recovery of penalty or compensation

CHAPTER XI
OFFENCES

Section 65 : Tampering with computer source documents

Section 66 : Computer related offences

Section 66A : Punishment for sending offensive messages through communication service, etc

Section 66B : Punishment for dishonestly receiving stolen computer resource or communication device

Section 66C : Punishment for identity theft

Section 66D : Punishment for cheating by personation by using computer resource

Section 66E : Punishment for violation of privacy

Section 66F : Punishment for cyber terrorism

Section 67 : Punishment for publishing or transmitting obscene material in electronic form

Section 67A : Punishment for publishing or transmitting of material containing sexually explicit act, etc, in electronic form

Section 67B : Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc, in electronic form

Section 67C : Preservation and retention of information by intermediaries

Section 68 : Power of Controller to give directions

Section 69 : Power to issue directions for interception or monitoring or decryption of any information through any computer resource

Section 69A : Power to issue directions for blocking for public access of any information through any computer resource

Section 69B : Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security

Section 70 : Protected system

Section 70A : National nodal agency

Section 70B : Indian Computer Emergency Response Team to serve as national agency for incident response

Section 71 : Penalty for misrepresentation

Section 72 : Penalty for Breach of confidentiality and privacy

Section 72A : Punishment for disclosure of information in breach of lawful contract

Section 73 : Penalty for publishing electronic signature Certificate false in certain particulars

Section 74 : Publication for fraudulent purpose

Section 75 : Act to apply for offence or contravention committed outside India

Section 76 : Confiscation

Section 77 : Compensation, penalties or confiscation not to interfere with other punishment

Section 77A : Compounding of offences

Section 77B : Offences with three years imprisonment to be bailable

Section 78 : Power to investigate offences

CHAPTER XII
INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES

Section 79 : Exemption from liability of intermediary in certain cases

CHAPTER XIIA
EXAMINER OF ELECTRONIC EVIDENCE

Section 79A : Central Government to notify Examiner of Electronic Evidence

CHAPTER XIII
MISCELLANEOUS

Section 80 : Power of police officer and other officers to enter, search, etc

Section 81 : Act to have overriding effect

Section 81A : Application of the Act to electronic cheque and truncated cheque

Section 82 : Controller, Deputy Controller and Assistant Controller to be public servants

Section 83 : Power to give directions

Section 84 : Protection of action taken in good faith

Section 84A : Modes or methods for encryption

Section 84B : Punishment for abetment of offences

Section 84C : Punishment for attempt to commit offences

Section 85 : Offences by companies

Section 86 : Removal of difficulties

Section 87 : Power of Central Government to make rules

Section 88 : Constitution of Advisory Committee

Section 89 : Power of Controller to make regulations

Section 90 : Power of State Government to make rules

Section 91 : [Omitted]

Section 92 : [Omitted]

Section 93 : [Omitted]

Section 94 : [Omitted]

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