Information Technology Act, 2000 (India)

The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information Technology Act is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) which was suggested by the General Assembly of the United Nations by a resolution dated 30th January 1997. It is the most important law in India dealing with Cybercrime and E-Commerce. 

The main objective of this act is to carry out lawful and trustworthy electronic, digital, and online transactions and alleviate or reduce cybercrimes. The IT Act has 13 chapters and 94 sections. The last four sections which start from ‘section 91 – section 94’, deal with the revisions to the Indian Penal Code 1860. 

The IT Act, of 2000 has two schedules: 

• First Schedule: Deals with documents to which the Act shall not apply.
• Second Schedule: Deals with electronic signature or electronic authentication method.

The features of The IT Act, 2000 are as follows:

1. The digital signature has been changed to an electronic signature to make it a greater generation-impartial act.
2. It elaborates on offenses, penalties, and breaches.
3. It outlines the Justice Dispensation Systems for cyber crimes.
4. The Information Technology Act defines in a new segment that a cyber cafe is any facility wherein access to the net is offered by any person inside the normal business to the general public.
5. It offers the constitution of the Cyber Regulations Advisory Committee.
6. The Information Technology Act is based totally on The Indian Penal Code, of 1860, The Indian Evidence Act, of 1872, The Bankers’ Books Evidence Act, of 1891, The Reserve Bank of India Act, of 1934, and many others.
7. It adds a provision to Section 81, which states that the provisions of the Act shall have overriding effect. The provision states that nothing contained inside the Act shall limit any person from exercising any right conferred under the Copyright Act, of 1957.

The offenses and the punishments that fall under the IT Act, of 2000 are as follows:-

1. Tampering with the computer source documents.
2. Directions of Controller to a subscriber to extend facilities to decrypt information.
3. Publishing of information that is obscene in electronic form.
4. Penalty for breach of confidentiality and privacy.
5. Hacking for malicious purposes.
6. Penalty for publishing Digital Signature Certificate false in certain particulars.
7. Penalty for misrepresentation.
8. Confiscation.
9. Power to investigate offenses.
10. Protected System.
11. Penalties for confiscation are not to interfere with other punishments.
12. Act to apply for offense or contravention committed outside India.
13. Publication for fraud purposes.
14. Power of Controller to give directions.

Sections and Punishments under the Information Technology Act, of 2000 are as follows :

It is an act to show misconduct behavior for transactions executed by way of electronic information interchange and another approach of electronic conversation, usually referred to as “electronic commerce”, which contains the usage of alternatives to paper-based methods of communication and storage of information, to facilitate digital submission of documents with the Government agencies.

Which ministry is under the IT Act?

Ministry of Electronics and Information Technology, Government of India.

What is covered under the IT Act?

This act covers electronic signatures, data protection, and the creation of certifying authorities. The Act legalises electronic governance and covers various cybercrimes and penalties.

According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents: Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques. Execution of a Power of Attorney under the Powers of Attorney Act, 1882