The Information Technology Act, 2000

IT ActCENTRAL ACT

An 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, Which Involve The Use Of Alternatives 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 Banker's Books Evidence Act, 1891 And The Reserve Bank Of India Act, 1934 And For Matters Connected Therewith Or Incidental Thereto.

Act Number

21

Enactment

2000-06-09

State

Delhi

Downloads

हिंदी

PRELIMINARY

Section 1Short title, extent, commencement and application.Section 2Definitions.

DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

Section 3Authentication of electronic records.Section 3AElectronic signature.

ELECTRONIC GOVERNANCE

Section 4Legal recognition of electronic records.Section 5Legal recognition of electronic signatures.Section 6Use of electronic records and electronic signatures in Government and its agencies.Section 6ADelivery of services by service provider.Section 7Retention of electronic records.Section 7AAudit of documents, etc., maintained in electronic form.Section 8Publication of rule, regulation, etc., in Electronic Gazette.Section 9Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.Section 10Power to make rules by Central Government in respect of electronic signature.Section 10AValidity of contracts formed through electronic means.

ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

Section 11Attribution of electronic records.Section 12Acknowledgment of receipt.Section 13Time and place of despatch and receipt of electronic record.

SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE

Section 14Secure electronic record.Section 15Secure electronic signature.Section 16Security procedures and practices.

REGULATION OF CERTIFYING AUTHORITIES

Section 17Appointment of Controller and other officers.Section 18Functions of Controller.Section 19Recognition of foreign Certifying Authorities.Section 20[Omitted.].Section 21Licence to issue electronic signature Certificates.Section 22Application for licence.Section 23Renewal of licence.Section 24Procedure for grant or rejection of licence.Section 25Suspension of licence.Section 26Notice of suspension or revocation of licence.Section 27Power to delegate.Section 28Power to investigate contraventions.Section 29Access to computers and data.Section 30Certifying Authority to follow certain procedures.Section 31Certifying Authority to ensure compliance of the Act, etc.Section 32Display of licence.Section 33Surrender of licence.Section 34Disclosure.

ELECTRONIC SIGNATURE CERTIFICATES

Section 35Certifying authority to issue electronic signature Certificate.Section 36Representations upon issuance of Digital signature Certificate.Section 37Suspension of Digital Signature Certificate.Section 38Revocation of Digital Signature Certificate.Section 39Notice of suspension or revocation.

DUTIES OF SUBSCRIBERS

Section 40Generating key pair.Section 40ADuties of subscriber of Electronic Signature Certificate.Section 41Acceptance of Digital Signature Certificate.Section 42Control of private key.

PENALTIES, COMPENSATION AND ADJUDICATION

Section 43Penalty and compensation for damage to computer, computer system, etc.Section 43ACompensation for failure to protect data.Section 44Penalty for failure to furnish information, return, etc.Section 45Residuary penalty.Section 46Power to adjudicate.Section 47Factors to be taken into account by the adjudicating officer.

THE APPELLATE TRIBUNAL

OFFENCES

Section 65Tampering with computer source documents.Section 66Computer related offences.Section 66AOmitted.Section 66BPunishment for dishonestly receiving stolen computer resource or communication device.Section 66CPunishment for identity theft.Section 66DPunishment for cheating by personation by using computer resource.Section 66EPunishment for violation of privacy.Section 66FPunishment for cyber terrorism.Section 67Punishment for publishing or transmitting obscene material in electronic form.Section 67APunishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.Section 67BPunishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.Section 67CPreservation and retention of information by intermediaries.Section 68Power of Controller to give directions.Section 69Power to issue directions for interception or monitoring or decryption of any information through any computer resource.Section 69APower to issue directions for blocking for public access of any information through any computer resource.Section 69BPower to authorise to monitor and collect traffic data or information through any computer resource for cyber security.Section 70Protected system.Section 70ANational nodal agency.Section 70BIndian Computer Emergency Response Team to serve as national agency for incident response.Section 71Penalty for misrepresentation.Section 72Penalty for Breach of confidentiality and privacy.Section 72APunishment for disclosure of information in breach of lawful contract.Section 73Penalty for publishing electronic signature Certificate false in certain particulars.Section 74Publication for fraudulent purpose.Section 75Act to apply for offence or contravention committed outside India.Section 76Confiscation.Section 77Compensation, penalties or confiscation not to interfere with other punishment.Section 77ACompounding of offences.Section 77BOffences with three years imprisonment to be bailable.Section 78Power to investigate offences.

INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES

Section 79Exemption from liability of intermediary in certain cases.

EXAMINER OF ELECTRONIC EVIDENCE

Section 79ACentral Government to notify Examiner of Electronic Evidence.

MISCELLANEOUS

Section 80Power of police officer and other officers to enter, search, etc.Section 81Act to have overriding effect.Section 81AApplication of the Act to electronic cheque and truncated cheque.Section 82Controller, Deputy Controller and Assistant Controller to be public servants.Section 83Power to give directions.Section 84Protection of action taken in good faith.Section 84AModes or methods for encryption.Section 84BPunishment for abetment of offences.Section 84CPunishment for attempt to commit offences.Section 85Offences by companies.Section 86Removal of difficulties.Section 87Power of Central Government to make rules.Section 88Constitution of Advisory Committee.Section 89Power of Controller to make regulations.Section 90Power of State Government to make rules.Section 91[Omitted.].Section 92[Omitted.].Section 93[Omitted.].Section 94[Omitted.].