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Bare Acts

The Information Technology Act, 2000

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.

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Act Details

Act Number:

21

Act Year:

2000

Location:

Delhi

Enactment Date:

6/9/2000

Enforcement Date:

17-10-2000

Department:

Department of Information Technology

All Section List (IT Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent, commencement and application.

Section 2

DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

Section 3 to Section 3A

Section 3

Authentication of electronic records.

Section 3A

Electronic signature.

ELECTRONIC GOVERNANCE

Section 4 to Section 10A

Section 4

Legal recognition of electronic records.

Section 5

Legal recognition of electronic signatures.

Section 6

Use of electronic records and electronic signatures in Government and its agencies.

Section 6A

Delivery of services by service provider.

Section 7

Retention of electronic records.

Section 7A

Audit of documents, etc., maintained in electronic form.

Section 8

Publication of rule, regulation, etc., in Electronic Gazette.

Section 9

Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.

Section 10

Power to make rules by Central Government in respect of electronic signature.

Section 10A

Validity of contracts formed through electronic means.

ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

Section 11 to Section 13

Section 11

Attribution of electronic records.

Section 12

Acknowledgment of receipt.

Section 13

Time and place of despatch and receipt of electronic record.

SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE

Section 14 to Section 16

Section 14

Secure electronic record.

Section 15

Secure electronic signature.

Section 16

Security procedures and practices.

REGULATION OF CERTIFYING AUTHORITIES

Section 17 to Section 34

Section 17

Appointment of Controller and other officers.

Section 18

Functions of Controller.

Section 19

Recognition of foreign Certifying Authorities.

Section 20

Section 21

Licence to issue electronic signature Certificates.

Section 22

Application for licence.

Section 23

Renewal of licence.

Section 24

Procedure for grant or rejection of licence.

Section 25

Suspension of licence.

Section 26

Notice of suspension or revocation of licence.

Section 27

Power to delegate.

Section 28

Power to investigate contraventions.

Section 29

Access to computers and data.

Section 30

Certifying Authority to follow certain procedures.

Section 31

Certifying Authority to ensure compliance of the Act, etc.

Section 32

Display of licence.

Section 33

Surrender of licence.

Section 34

ELECTRONIC SIGNATURE CERTIFICATES

Section 35 to Section 39

Section 35

Certifying authority to issue electronic signature Certificate.

Section 36

Representations upon issuance of Digital signature Certificate.

Section 37

Suspension of Digital Signature Certificate.

Section 38

Revocation of Digital Signature Certificate.

Section 39

Notice of suspension or revocation.

DUTIES OF SUBSCRIBERS

Section 40 to Section 42

Section 40

Generating key pair.

Section 40A

Duties of subscriber of Electronic Signature Certificate.

Section 41

Acceptance of Digital Signature Certificate.

Section 42

Control of private key.

PENALTIES, COMPENSATION AND ADJUDICATION

Section 43 to Section 47

Section 43

Penalty and compensation for damage to computer, computer system, etc.

Section 43A

Compensation for failure to protect data.

Section 44

Penalty for failure to furnish information, return, etc.

Section 45

Residuary penalty.

Section 46

Power to adjudicate.

Section 47

Factors to be taken into account by the adjudicating officer.

THE APPELLATE TRIBUNAL

Section 48 to Section 64

Section 48

Appellate Tribunal.

Section 49

Section 50

Section 51

Section 52

Section 52A

Section 52B

Section 52C

Section 52D

Decision by majority.

Section 53

Section 54

Section 55

Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.

Section 56

Section 57

Appeal to Appellate Tribunal.

Section 58

Procedure and powers of the Appellate Tribunal.

Section 59

Right to legal representation.

Section 60

Section 61

Civil court not to have jurisdiction.

Section 62

Appeal to High Court.

Section 63

Compounding of contraventions.

Section 64

Recovery of penalty or compensation.

OFFENCES

Section 65 to Section 78

Section 65

Tampering with computer source documents.

Section 66

Computer related offences.

Section 66A

Section 66B

Punishment for dishonestly receiving stolen computer resource or communication device.

Section 66C

Punishment for identity theft.

Section 66D

Punishment for cheating by personation by using computer resource.

Section 66E

Punishment for violation of privacy.

Section 66F

Punishment for cyber terrorism.

Section 67

Punishment for publishing or transmitting obscene material in electronic form.

Section 67A

Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.

Section 67B

Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.

Section 67C

Preservation and retention of information by intermediaries.

Section 68

Power of Controller to give directions.

Section 69

Power to issue directions for interception or monitoring or decryption of any information through any computer resource.

Section 69A

Power to issue directions for blocking for public access of any information through any computer resource.

Section 69B

Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.

Section 70

Protected system.

Section 70A

National nodal agency.

Section 70B

Indian Computer Emergency Response Team to serve as national agency for incident response.

Section 71

Penalty for misrepresentation.

Section 72

Penalty for Breach of confidentiality and privacy.

Section 72A

Punishment for disclosure of information in breach of lawful contract.

Section 73

Penalty for publishing electronic signature Certificate false in certain particulars.

Section 74

Publication for fraudulent purpose.

Section 75

Act to apply for offence or contravention committed outside India.

Section 76

Section 77

Compensation, penalties or confiscation not to interfere with other punishment.

Section 77A

Compounding of offences.

Section 77B

Offences with three years imprisonment to be bailable.

Section 78

Power to investigate offences.

INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES

Section 79

Section 79

Exemption from liability of intermediary in certain cases.

EXAMINER OF ELECTRONIC EVIDENCE

Section 79A

Section 79A

Central Government to notify Examiner of Electronic Evidence.

MISCELLANEOUS

Section 80 to Section 94

Section 80

Power of police officer and other officers to enter, search, etc.

Section 81

Act to have overriding effect.

Section 81A

Application of the Act to electronic cheque and truncated cheque.

Section 82

Controller, Deputy Controller and Assistant Controller to be public servants.

Section 83

Power to give directions.

Section 84

Protection of action taken in good faith.

Section 84A

Modes or methods for encryption.

Section 84B

Punishment for abetment of offences.

Section 84C

Punishment for attempt to commit offences.

Section 85

Offences by companies.

Section 86

Removal of difficulties.

Section 87

Power of Central Government to make rules.

Section 88

Constitution of Advisory Committee.

Section 89

Power of Controller to make regulations.

Section 90

Power of State Government to make rules.

Section 91

Section 92

Section 93

Section 94