Cyber Laws
THE INFORMATION TECHNOLOGY ACT (Act 21 of 2000) (9th Jun, 2000)An Act to provide legal recognition carried out by means of electronic date interchange and other means of electronic communication, commonly referred to as "electronic commerce" which involve the use of alternative to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. Whereas the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law; And Whereas the said resolution recommends inter alia that all States give favourable consideration to the said Model Law when they enact or revise their laws,in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and storage of information; And Whereas it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records. Be it enacted Parliament in the Fifty-first Year of the Republic of India as follows: - INFORMATION TECHNOLOGY ACT, 2000CHAPTER I : PRELIMINARY Details 1. Short title, extent, commencement and application 2. Definition CHAPTER II : DIGITAL SIGNATURE Details 3. Authentication of electronic records CHAPTER III : ELECTRONIC GOVERNANCE Details 4. Legal recognition of electronic records 5. Legal recognition of digital signatures 6. Use of electronic records and digital signatures in Government and its agencies 7. Retention of electronic records 8. Publication of rule, regulation, etc., in Electronic Gazette 9. Section 6, 7, and 8 not to confer right to insist document should be accepted in electronic form 10. Power to make rules by Central Government in respect of digital signature CHAPTER IV : ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS Details 11. Attribution of electronic records 12. Acknowledgement of receipt 13. Time and place of despatch and receipt of electronic record CHAPTER V : SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES Details 14. Secure electronic records 15. Secure digital signature 16. Security procedure CHAPTER VI : REGULATION CERTIFYING AUTHORITIES Details 17. Appointment of Controller and other officers 18. Functions of Controller 19. Recognition of foreign Certifying Authorities 0. Controller to act as repository 21. Licence to issue Digital Signature Certificates 22. Application for licence 23. Renewal of licence 24. Procedure for grant or rejection of licence 25. Suspension of licence 26. Notice of suspension or revocation of licence 27. Power to delegate 28. Power to investigate contraventions 29. Access to computers and data 30. Certifying Authority to follow certain procedures 31. Certifying Authority to ensure compliance of the Act, etc. 32. Display of licence 33. Surrender of licence 34. Disclosure CHAPTER VII : DIGITAL SIGNATURE CERTIFICATES Details 35. Certifying Authority to issue Digital Signature Certificate 36. Representation upon issuance of Digital Signature Certificate 37. Suspension of Digital Signature Certificate 38. Revocation of Digital Signature Certificate 39. Notice of suspension or revocation CHAPTER VIII : DUTIES OF SUBSCRIBERS Details 40. Generating key pair 41. Acceptance of Digital Signature Certificate 42 Control of private key CHAPTER IX : PENALTIES AND ADJUDICATION Details 43. Penalty of damage of computer, computer system, etc. 44. Penalty for failure to furnish information, return, etc. 45. Residuary penalty 46. Power to adjudicate 47. Factors to be taken into account by the adjudicating officer CHAPTER X : THE CYBER REGULATIONS APPELLATE TRIBUNAL Details 48. Establishment of Cyber Appellate Tribunal 49. Composition of Cyber Appellate Tribunal 50. Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal 51. Term of officer 52. Salary, allowances and other terms and conditions of service of Presiding Officer 53. Filling up of vacancies 54. Resignation and removal 55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings 56. Staff of the Cyber Appellate Tribunal 57. Appeal to Cyber Appellate Tribunal 58. Procedure and powers of the Cyber Appellate Tribunal 59. Right to legal representation 60. Limitation 61. Civil court not to have jurisdiction 62. Appeal to High Court 63. Compounding of contraventions 64. Recovery of penalty CHAPTER XI: OFFENCES Details 65. Tampering with computer source documents 66. Hacking with computer system 67. Publishing of information which is obscene in electronic form 68. Power of Controller to give directions 69. Directions of Controller to a subscriber to extend facilitates to decrypt information 70. Protected system 71. Penalty for misrepresentation 72. Penalty for breach of confidentiality and privacy 73. Penalty for publishing Digital Signature Certificate false in certain particulars 74. Publication for fraudulent purpose 75. Act to apply for offence or contravention committed outside India 76. Confiscation 77. Penalties or confiscation not to interfere with other punishments 78. Power to investigate offences CHAPTER XII : NETWORK SERVICE PROVIDERS NOT BE LIABLE IN CERTAIN CASES. Details 79. Network service providers not to be liable in certain cases CHAPTER XIII : MISCELLANEOUS Details 80. Power of police officer and other officers to enter, search, etc. 81. Act to have overriding effect 82. Controller Deputy Controller and Assistant Controller to by pubic servants 83. Power to give directions 84. Protection of action taken in good faith 85. Offences by companies 86. Removal of difficulties 87. Power of Central Government to make rules 88. Constitution of Advisory Committee 89. Power of Controller to make regulations 90. Power of State Government to make rules 91. Amendment of Act 45 of 1860 92. Amendment of Act 1 of 1872 93. Amendment of Act 18 of 1891 94. Amendment of Act 2 of 1934 THE FIRST SCHEDULE : AMENDMENT TO THE INDIAN PENAL CODE Details THE SECOND SCHEDULE : AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 Details THE THIRD SCHEDULE : AMENDMENTS TO THE BANKERS' BOOKS EVIDENCE ACT, 1891 Details THE FOURTH SCHEDULE : AMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934 Details  Go to top
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