Information Technology Act,

2000
 Introduction
• The Information Technology Act, 2000 (also
known as ITA-2000, or the IT Act) is an Act of the
Indian Parliament (No 21 of 2000) notified on 17
October 2000.
• It is the primary law in India dealing with
cybercrime and electronic commerce.
• It is based on the UNCITRAL Model Law on
International Commercial Arbitration
recommended by the General Assembly of United
Nations by a resolution dated 30 January 1997.
• The bill was passed in the budget session of 2000 and
signed by President K. R. Narayanan on 9 May 2000. The
bill was finalised by group of officials headed by then
Minister of Information Technology Pramod Mahajan
• The original Act contained 94 sections, divided into 13
chapters and 4 schedules. The laws apply to the whole of
India.
• If a crime involves a computer or network located in
India, persons of other nationalities can also be indicted
under the law
 Objectives of the IT Act
To provide legal recognition for transactions:-
• Carried out by means of electronic data interchange,
and other means of electronic communication,
commonly referred to as "electronic commerce“
• To facilitate electronic filing of documents with
Government agencies and E-Payments
• To amend the Indian Penal Code, Indian Evidence
Act,1872, the Banker’s Books Evidence Act
1891,Reserve Bank of India Act ,1934
 Advantages of Cyber Laws
• The IT Act 2000 attempts to change outdated
laws and provides ways to deal with cyber
crimes. We need such laws so that people can
perform purchase transactions over the Net
through credit cards without fear of misuse.
• The Act offers the much-needed legal framework
so that information is not denied legal effect,
validity or enforceability, solely on the ground
that it is in the form of electronic records.
• The Act has also proposed a legal framework for the
authentication and origin of electronic records /
communications through digital signature.
• From the perspective of e-commerce in India, the IT
Act 2000 and its provisions contain many positive
aspects. Firstly, the implications of these provisions
for the e-businesses would be that email would now
be a valid and legal form of communication in our
country that can be duly produced and approved in a
court of law.
• Companies shall now be able to carry out electronic
commerce using the legal infrastructure provided by the Act.
• Digital signatures have been given legal validity and sanction
in the Act.
• The IT Act also addresses the important issues of security,
which are so critical to the success of electronic transactions.
The Act has given a legal definition to the concept of secure
digital signatures that would be required to have been
passed through a system of a security procedure, as
stipulated by the Government at a later date.
• Under the IT Act, 2000, it shall now be
possible for corporates to have a statutory
remedy in case if anyone breaks into their
computer systems or network and causes
damages or copies data. The remedy provided
by the Act is in the form of monetary
damages, not exceeding Rs. 1 crore.
CHAPTER I PRELIMINARY:
• Short title, extent, commencement and application, Definitions.
CHAPTER II DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE:
• Any contract which is done by subscriber. If he signs the electronic agreement
by digital signature. Then it will be valid.
CHAPTER III ELECTRONIC GOVERNANCE:
• This chapter explains the detail that all electronic records of govt. are
acceptable unless any other law has any rules regarding written or printed
record.
CHAPTER IV ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC
RECORDS:
• This chapter deals with receipts or acknowledgement of any electronic record.
Every electronic record has any proof that is called receipt and it should be in
the hand who records electronic way.
CHAPTER V SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC
SIGNATURE:
• This chapter powers to organization for securing the electronic records and
secure digital signature. They can secure by applying any new verification
system.
CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES:
• This chapter states that govt. of India will appoint controller of
certifying authorities and he will control all activities of certifying
authorities. “Certifying authority is that authority who issues digital
signature certificate.”
CHAPTER VII ELECTRONIC SIGNATURE CERTIFICATES:
• In this chapter powers and duties of certifying authority is given.
Certifying authority will issue digital signature certification after getting
Rs. 25000. If it is against public interest, then C.A. can suspend the
digital signature certificate.
CHAPTER VIII DUTIES OF SUBSCRIBERS:
• This chapter tells about the duties of subscribers regarding digital
signature certificate . It is the duty of subscriber to accept that all
information in digital signature certificate that is within his knowledge is
true .
CHAPTER IX PENALTIES, COMPENSATION AND ADJUDICATION:
• If any body or group of body damages the computers , computer
systems and computer networks by electronic hacking , then they are
responsible to pay penalty upto Rs. 1 crore . Fore judgment this , govt.
can appoint adjucating officer.
CHAPTER X THE APPELLATE TRIBUNAL:
• Under this chapter, cyber regulation appellate tribunal can be
established. It will solve the cases relating to orders of adjudicating
officers.
CHAPTER XI OFFENCES:
• For controlling cyber Crime, Govt. can appoint cyber regulation
advisory committee who will check all cyber crime relating to
publishing others information. If any fault is done by anybody, he will
be responsible for paying Rs. 2 lakhs or he can get punishment of 3
years living in jail or both prison and penalty can be given to cyber
criminal.
CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN
CERTAIN CASES:
• Police officers have also power to investigate
dangerous cyber crime under IPC 1860 , Indian
Evidence Act 1872 and RBI Act 1934
CHAPTER XIIA EXAMINER OF ELECTRONIC EVIDENCE:
• Central Government to notify Examiner of
Electronic Evidence.
CHAPTER XIII MISCELLANEOUS
 Amendments
• Major amendment was made in 2008.
• It introduced Section 66A which penalized sending "offensive
messages".
• It also introduced Section 69, which gave authorities the
power of "interception or monitoring or decryption of any
information through any computer resource".
• Additionally, it introduced provisions addressing -
pornography, child porn, cyber terrorism and voyeurism.
• The amendment was passed on 22 December 2008 without
any debate in Lok Sabha.
• The next day it was passed by the Rajya Sabha. It was signed
into law by President Pratibha Patil, on 5 February 2009
66C A person fraudulently uses the password, digital signature or other unique identification
of another person. Imprisonment up to three years, or/and with fine up to ₹100,000
68 Failure/refusal to comply with orders: Imprisonment up to 2 years,
or/and with fine up to ₹100,000
Civil offences under the IT Act 2000
• Unauthorised copying, extracting and downloading of any data,
database
• Unauthorised access to computer, computer system or computer
network
• Introduction of virus
• Damage to computer System and Computer Network
• Disruption of Computer, computer network
• Denial of access to authorised person to computer
• Providing assistance to any person to facilitate unauthorised
access to a computer
• Charging the service availed by a person to an account of another
person by tampering and manipulation of other computer Section
44 of the IT Act provides for penalty on failure to furnish
information, return etc. to the Controller by Certifying Authorities.
 Criminal offences
• Tampering with computer source documents
• Hacking with computer system
• Electronic forgery I.e. affixing of false digital signature, making false electronic
record
• Electronic forgery for the purpose of cheating
• Electronic forgery for the purpose of harming reputation
• Using a forged electronic record
• Publication of digital signature certificate for fraudulent purpose
• Offences and contravention by companies
• Unauthorised access to protected system
• Confiscation of computer, network, etc.
• Publication of information which is obscene in electronic form
• Misrepresentation or suppressing of material facts for obtaining Digital
Signature Certificates
• Breach of confidentiality and Privacy
• Publishing false Digital Signature Certificate
 Notable cases under section 66A
• In September 2012, a freelance cartoonist Aseem Trivedi was
arrested under the Section 66A of the IT Act, Section 2 of
Prevention of Insults to National Honour Act, 1971 and for sedition
under the Section 124 of the Indian Penal Code. His cartoons
depicting widespread corruption in India were considered
offensive.
• On 12 April 2012, a Chemistry professor from Jadavpur University,
Ambikesh Mahapatra, was arrested for sharing a cartoon of West
Bengal Chief Minister Mamata Banerjee and then Railway Minister
Mukul Roy. The email was sent from the email address of a
housing society. Subrata Sengupta, the secretary of the housing
society, was also arrested. They were charged under Section 66A
and B of the IT Act, for defamation under Sections 500, for
obscene gesture to a woman under Section 509, and abetting a
crime under Section 114 of the Indian Penal Code.
• On 30 October 2012, a Puducherry businessman Ravi Srinivasan
was arrested under Section 66A. He had sent tweet accusing Karti
Chidambaram, son of then Finance Minister P. Chidambaram, of
corruption. Karti Chidambaram had complained to the police.
• On 19 November 2012, a 21-year-old girl was arrested from
Palghar for posting a message on Facebook criticising the
shutdown in Mumbai for the funeral of Bal Thackeray. Another 20-
year-old girl was arrested for "liking" the post. They were initially
charged under Section 295A of the Indian Penal Code (hurting
religious sentiments) and Section 66A of the IT Act. Later, Section
295A was replaced by Section 505(2) (promoting enmity between
classes). A group of Shiv Sena workers vandalised a hospital run by
the uncle of one of girls. On 31 January 2013, a local court
dropped all charges against the girls.
• On 18 March 2015, a teenaged boy was arrested
from Bareilly, Uttar Pradesh, for making a post on
Facebook insulting politician Azam Khan. The post
allegedly contained hate speech against a
community and was falsely attributed to Azam Khan
by the boy. He was charged under Section 66A of
the IT Act, and Sections 153A (promoting enmity
between different religions), 504 (intentional insult
with intent to provoke breach of peace) and 505
(public mischief) of Indian Penal Code.
 Revocation by the Supreme Court

• On 24 March 2015, the Supreme Court of India,