Section 2 of ITA, 2000 : Section 2: Definitions

The Information Technology Act, 2000

Bare Act

  • CHAPTER I: PRELIMINARY

(1) In this Act, unless the context otherwise requires, -

  • (a) "access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
  • (b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
  • (c) "adjudicating officer" means an adjudicating officer appointed under sub-section (1) of section 46;
  • (d) "affixing electronic signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature;
  • (da) "Appellate Tribunal" means the Appellate Tribunal referred to in sub-section (1) of section 48;
  • (e) "appropriate Government" means as respects any matter, -
    1. (i) enumerated in List II of the Seventh Schedule to the Constitution;
    2. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government;
  • (f) "asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;
  • (g) "Certifying Authority" means a person who has been granted a licence to issue an electronic signature Certificate under section 24;
  • (h) "certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing electronic signature Certificates;
  • (ha) "communication device" means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;
  • (i) "computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;
  • (j) "computer network" means the inter-connection of one or more computers or computer systems or communication device through -
    1. (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
    2. (ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the inter-connection is continuously maintained;
  • (k) "computer resource" means computer, computer system, computer network, data, computer database or software;
  • (l) "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
  • (m) "Controller" means the Controller of Certifying Authorities appointed under sub-section (1) of section 17;
  • (na) "cyber cafe" means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;
  • (nb) "cyber security" means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction;
  • (o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
  • (p) "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 section 3;
  • (q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;
  • (r) "electronic form" with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
  • (s) "Electronic Gazette" means the Official Gazette published in the electronic form;
  • (t) "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;
  • (ta) "electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;
  • (tb) "Electronic Signature Certificate" means an Electronic Signature Certi...

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Simplified Act

(1) In simple terms, this section defines various technical and legal terms used in the Information Technology Act, 2000:

  • (a) "access" means to enter, use, or connect to a computer or network's functions.
  • (b) "addressee" is the person meant to receive an electronic message, not including intermediaries.
  • (c) "adjudicating officer" is a person appointed to make legal decisions under a specific section of this Act.
  • (d) "affixing electronic signature" is a way to confirm an electronic document with a digital signature.
  • (da) "Appellate Tribunal" is a higher court for appeals under a specific section of this Act.
  • (e) "appropriate Government" refers to either the State or Central Government, depending on the context.
  • (f) "asymmetric crypto system" is a security method using a pair of keys for signing and verifying digital signatures.
  • (g) "Certifying Authority" is a licensed person or entity that issues digital signature certificates.
  • (h) "certification practice statement" is a document from a Certifying Authority describing how it issues digital signature certificates.
  • (ha) "communication device" includes cell phones and any device used to send or receive messages or images.
  • (i) "computer" is a device or system that processes data and includes related software and communication equipment.
  • (j) "computer network" is a group of connected computers or devices that can communicate with each other.
  • (k) "computer resource" includes computers, networks, data, databases, and software.
  • (l) "computer system" is a set of devices that can run programs and process data.
  • (m) "Controller" is the head of the Certifying Authorities, appointed under a specific section of this...

Explanation using Example

Let's consider a scenario where Alice sends an email to Bob. According to the Information Technology Act, 2000:

  • Alice is the "originator" (za) as she generates and sends the electronic message.
  • The email is an "electronic record" (t) as it is data generated, stored and sent in an electronic form.
  • Bob is the "addressee" (b) as he is the intended recipient of...

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