Information Technology Act, 2000: Key Provisions

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. 

1. 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:

2. 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.

3. Offer legal recognition to digital signatures for the authentication of any data or matters requiring legal authentication

4. Facilitate the electronic filing of documents with Government agencies and conjointly departments.

5. Facilitate the electronic storage of information.

6. Offer legal sanction and conjointly facilitate the electronic transfer of funds between banks and money establishments.

7. 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.