Technology in Indian Trade – Information Technology Act 2000
At today’s juncture, technology is a dire need of the moment. Introducing technology and making it an important aspect of the trade economy for our country became an utmost requisite. From filing the documents to making any simple transaction we need lucid technology.
Imagine the condition of Indian trade without adequate technology? It will be similar to a stagnant economy without this modernization. Thus, we see the importance and dependence of the Indian trade on information technology so an Act was required which would bring uniformity in its usage. In this section, we are going to study the same and know about the Act’s objectives and mission.
Introduction of Information Technology Act, Objectives and Features
The Information Technology Act, 2000 was notified on Oct 17, 2000. It was the law that deals with law-breaking and electronic commerce in India and during this article, we are going to verify the objectives and options of the knowledge Technology act 2000. In 1996, the international organization Commission on International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-commerce) to bring uniformity within the law in several countries. Further, the overall Assembly of the international organization counselled that each one country should think about this model law before creating changes to its laws. India became the 12th country to alter cyber law once it passed the knowledge Technology Act, 2000. While the primary draft was created by the Ministry of Commerce, Government of India because of the E-Commerce Act, 1998, it was redrafted because of the ‘Information Technology Bill, 1999’, and passed in could 2000.
Objectives of the Act
Let us know about the objectives of the Act.
The Information Technology Act, 2000 provides legal recognition to the group action done via electronic exchange of information and alternative electronic suggests that of communication or electronic commerce transactions. This also involves the utilization of alternatives to a paper-based technique of communication and knowledge storage to facilitate the electronic filing of documents with government agencies. Further, this act amended the Indian legal code 1860, the Indian proof Act 1872, the Bankers’ Books proof Act 1891, and also the bank of India Act 1934. The objectives of the Act are as follows:
Grant legal recognition to any or all transactions are done via electronic exchange of information or alternative electronic suggests that of communication or e-commerce, intact of the sooner paper-based technique of communication.
Offer legal recognition to digital signatures for the authentication of any data or matters requiring legal authentication
Facilitate the electronic filing of documents with Government agencies and conjointly departments.
Facilitate the electronic storage of information.
Offer legal sanction and conjointly facilitate the electronic transfer of funds between banks and money establishments.
Grant legal recognition to bankers underneath the proof Act, 1891, and also the bank of India Act, 1934, for keeping the books of accounts in electronic kind.
Features of the Information Technology Act, 2000
Here we will check out the features of the Information Technology Act. They are as follows:
All electronic contracts created through secure electronic channels were legally valid.
Legal recognition for digital signatures.
Security measures for electronic records and conjointly digital signatures are in place. A procedure for the appointment of adjudicating officers for holding inquiries underneath the Act is finalized.
Provision for establishing a Cyber restrictive Appellant judicature underneath the Act. Further, this judicature can handle all appeals created against the order of the Controller or Adjudicating Officer.
It charms against the order of the Cyber Appellant judicature is feasible solely within the court.
Digital Signatures uses an uneven cryptosystem and conjointly a hash operate.
Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and regulate the operating of Certifying Authorities. The Controller acts as a repository of all digital signatures.
The Act applies to offences or contraventions committed outside India.
Senior law enforcement officials and alternative officers will enter any public place and search and arrest while not warrant.
Provisions for the constitution of a Cyber laws committee to advise the Central.
Applicability and Non-Applicability of the Act- Government and Controller
Applicability
According to Section 1 (2), the Act extends to the whole country that conjointly includes Jammu and the geographic region as the Act uses Article 253 of the constitution. Further, it doesn't consider citizenship and provides extra-territorial jurisdiction.
Section 1 (2) at the side of Section 75 specifies that the Act applies to any offence or dispute committed outside India yet. If the conduct of personnel constituting the offence involves a laptop or a processed system or network settled in India, then no matter his/her position, the person is punishable underneath the Act.
Lack of international cooperation is the sole limitation of this provision.
Non-Applicability
According to Section 1 (4) of the knowledge Technology Act, 2000, the Act doesn’t apply to the subsequent documents:
Execution of instrument underneath Negotiable Instruments Act, 1881, except cheques.
Execution of influence of professional underneath the Powers of professional Act, 1882.
Creation of Trust underneath the Indian Trust Act, 1882.
Execution of a can underneath the Indian Succession Act, 1925 as well as the other legal document disposition by no matter name known as.
Stepping into a contract for the sale or conveyance of immovable property or any interest in such property.
Any such category of documents or transactions as is also notified by the Central Government within the Gazette.
What are the New Changes in the Act? – Amendments in the Act
A major modification was created in 2008. It has introduced Section 66A under this act which has penalized the causation of "offensive messages". It conjointly introduced Section 69, which permitted the facility of interception or watching. The modification was passed on 22 Dec 2008 with no discussion in Lok Sabha (Lower House). The further days it went to the Rajya Sabha. It was signed into law by President Pratibha Patil, on 5 February 2009.
Summary
The original Act contained 94 sections, divided into 13 chapters and 4 schedules. If against the law involves any laptop or network settled in India, persons of alternative nationalities also can be indicted underneath the law. The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It conjointly defines cybercrimes and prescribes penalties for them. It conjointly established a Cyber proceeding judicature to resolve disputes arising from this new law.
FAQs on Information Technology Act, 2000: Key Provisions
1. What is the primary purpose of the Information Technology Act, 2000?
The primary purpose of the Information Technology Act, 2000 is to provide a legal framework for electronic commerce and e-governance in India. It grants legal recognition to electronic records and digital signatures, essentially giving them the same legal validity as paper-based documents and handwritten signatures. This facilitates secure electronic transactions and protects against cybercrimes.
2. What are the main objectives of the IT Act, 2000?
The main objectives of the IT Act, 2000 are to:
Grant legal recognition to all transactions carried out via electronic data interchange or other electronic means.
Provide legal recognition for digital signatures to authenticate electronic records.
Facilitate the electronic filing of documents with Government agencies, thereby promoting e-governance.
Establish a legal framework for preventing and penalising various forms of cybercrime.
Amend existing laws like the Indian Penal Code and the Indian Evidence Act to align them with new digital realities.
3. What are some examples of cybercrimes covered under the IT Act, 2000?
The IT Act, 2000 defines and provides penalties for a wide range of cybercrimes. Some key examples include:
Hacking: Unauthorised access to computer systems (Section 43, 66).
Identity Theft: Dishonestly or fraudulently using another person's electronic signature or password (Section 66C).
Phishing: Cheating by personation using a computer resource (Section 66D).
Cyber Terrorism: Acts that threaten the unity, integrity, security or sovereignty of India by electronic means (Section 66F).
Publishing Obscene Material: Transmitting or publishing obscene material in electronic form (Section 67).
4. What is the territorial and extraterritorial applicability of the IT Act, 2000?
The IT Act, 2000 applies to the whole of India. It also has extraterritorial jurisdiction, meaning it applies to any offence or contravention committed outside India by any person, irrespective of their nationality, if the act involves a computer, computer system, or computer network located in India.
5. How does the IT Act, 2000 support the concept of e-governance?
The IT Act, 2000 is a cornerstone of e-governance in India by legally enabling government departments to switch from paper-based to digital processes. It does this by:
Authorising the acceptance of documents filed electronically.
Giving legal validity to the electronic storage of records.
Recognising the use of digital signatures for authenticating official documents.
Allowing the publication of official rules, regulations, and notifications in an Electronic Gazette.
These provisions help make government services more accessible, efficient, and transparent for citizens.
6. What are the important terms 'digital signature' and 'intermediary' as defined by the IT Act?
The IT Act, 2000 defines several key terms. Two of the most important are:
Digital Signature: This is a specific, highly secure type of electronic signature that uses a cryptographic process to authenticate an electronic record. It links the identity of the signatory to the document and ensures that the data has not been tampered with since it was signed.
Intermediary: This refers to any entity that, on behalf of another person, receives, stores, or transmits electronic records. This includes internet service providers (ISPs), social media platforms, search engines, and web hosting services. Intermediaries have specific legal obligations under the Act.
7. How does the IT Act, 2000 make an electronic contract legally valid?
The IT Act, 2000 makes an electronic contract legally valid by establishing the legal equivalence of digital and physical elements. As per Section 10A of the Act, where a contract requires a signature, that condition is deemed to be satisfied if it is affixed with an electronic signature. By giving legal recognition to electronic records and signatures, the Act ensures that contracts formed through electronic means are just as enforceable in a court of law as traditional paper-based contracts.
8. Why are 'intermediaries' like social media platforms given specific responsibilities under the IT Act?
Intermediaries like social media platforms are given specific responsibilities because they host and transmit vast amounts of third-party user content without editorial control. To balance freedom of expression with public safety, the IT Act provides them with a 'safe harbour' from liability for user-generated content, provided they exercise 'due diligence'. This includes removing unlawful content upon receiving a court order or government notification, assisting law enforcement agencies, and informing users about their platform's rules and regulations.
9. Has the Information Technology Act, 2000 been amended?
Yes, the Information Technology Act, 2000 has been significantly amended, most notably by the IT (Amendment) Act of 2008. This amendment introduced several key changes, including new sections on cyber terrorism (66F), identity theft (66C), and data protection. More recently, the government has introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the parent Act to regulate social media platforms, OTT services, and digital news media more stringently.
10. What was the significance of Section 66A of the IT Act, and why is it no longer in force?
Section 66A of the IT Act was significant because it penalised the sending of 'offensive' messages through a communication service. However, the Supreme Court of India, in the landmark case of Shreya Singhal vs. Union of India (2015), struck down Section 66A in its entirety. The court ruled that the provision was unconstitutional because its language was overly vague and broad, which had a 'chilling effect' on the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
