The Information Technology Act, 2000 (IT Act 2000) is India’s primary law governing cybercrime and e-commerce, providing legal recognition for electronic records, digital signatures, and online transactions, aiming to facilitate digital governance and commerce while addressing cyber offenses like hacking, data theft, and online obscenity. Passed by the Indian Parliament and came into force on October 17, 2000. Let’s see some facts about this law.
IT Act, 2000 is the primary law in India governing electronic commerce and cybercrime.
It was enacted to provide legal recognition for electronic transactions, often called “electronic commerce.”
The Act received Presidential assent on June 9, 2000, and came into force on October 17, 2000.
It is based on the UNCITRAL Model Law on Electronic Commerce (1996).
The Act extends to the whole of India.
It provides for extra-territorial jurisdiction, applying to offences committed outside India if they involve a computer located in India.
It has been significantly amended, most notably by the Information Technology (Amendment) Act, 2008.
Section 4 grants legal recognition to electronic records as equivalent to paper documents.
Section 5 grants legal recognition to electronic signatures as equivalent to handwritten signatures.
The Act facilitates E-governance by permitting the use of electronic records and signatures in government bodies.
It introduced the concept of Digital Signature Certificates (DSCs) for authentication.
The Act does not apply to certain documents like wills, trusts, and power of attorney.
It includes provisions for the retention of electronic records for legal purposes.
It has a section on the validity of contracts formed through electronic means (Section 10A).
The Act defines and penalizes a wide range of cybercrimes.
Section 43 provides for compensation for unauthorized access or damage to a computer system or network.
Section 65 penalizes the tampering with computer source documents (up to 3 years imprisonment or fine).
Section 66 penalizes hacking (unauthorized access with wrongful intent) with imprisonment up to 3 years.
Section 66B penalizes dishonestly receiving stolen computer resources (up to 3 years imprisonment).