IT Act 2000

 

Information Technology Act, 2000 is India’s mother legislation regulating the use of computers, computer systems and computer networks as also data and information in the electronic format. This legislation has touched varied aspects pertaining to electronic authentication, digital (electronic) signatures, cyber crimes and liability of network service providers.

 

The Preamble to the Act states that it aims at providing 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 and aims at facilitating electronic filing of documents with the Government agencies.

 

This Act was amended by Information Technology Amendment Bill, 2008 which was passed in Lok Sabha on 22nd December, 2008 and in Rajya Sabha on 23rd December, 2008. It received the assent of the President on 5th February 2009 and was notified with effect from 27/10/2009.

 

The IT Act of 2000 was developed to promote the IT industry, regulate ecommerce, facilitate e-governance and prevent cybercrime. The Act also sought to foster security practices within India that would serve the country in a global context. The Amendment was created to address issues that the original bill failed to cover and to accommodate further development of IT and related security concerns since the original law was passed.

 

The IT Act, 2000 consists of 90 sections spread over 13 chapters [Sections 91, 92, 93 and 94 of the principal Act were omitted by the Information Technology (Amendment) Act 2008 and has 2 schedules.[ Schedules III and IV were omitted by the Information Technology (Amendment) Act 2008].

Rules notified under the Information Technology Act, 2000

a) The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011

b) The Information Technology (Electronic Service Delivery) Rules, 2011

c) The Information Technology (Intermediaries guidelines) Rules, 2011

d) The Information Technology (Guidelines for Cyber Cafe) Rules, 2011

e) The Cyber Appellate Tribunal (Salary, Allowances and other terms and conditions of service of Chairperson and Members) Rules, 2009

f) The Cyber Appellate Tribunal (Procedure for investigation of Misbehaviour or Incapacity of Chairperson and Members) Rules, 2009

g) The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public), 2009

h) The Information Technology (Procedure and Safeguards for interception, monitoring and decryption of information) Rules, 2009

 

i) The Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009

j) The Information Technology (Use of electronic records and digital signatures) Rules, 2004

k) The Information Technology (Security Procedure) Rules, 2004

l) The Information Technology (Other Standards) Rules, 2003

m) The Information Technology (Certifying Authority) Regulations, 2001

n) Information Technology (Certifying Authorities) Rules, 2000

Penalties and Offences

Section

under IT

Act, 2000

Offence Penalty

 

Sec.43 Damage to computer,

computer system, etc.

 

Compensation not exceeding one

crore rupees to the person so

affected

Sec.43A Body corporate failure

to protect data

Compensation not exceeding five

crore rupees to the person so

affected

Sec.44(a) Failure to furnish

document, return or

report to the

Controller or the

Certifying Authority

Penalty not exceeding one lakh and

fifty thousand rupees for each such

failure

Sec.44(b) Failure to file any

return or furnish any

information, books or

other documents

within the time

specified

Penalty not exceeding five thousand

rupees for every day during which

such failure continues

Sec.44(c) Failure to maintain

books of account or

records

Penalty not exceeding ten thousand

rupees for every day during which

the failure continues

Sec.45 Where no penalty has

been separately

provided

Compensation not exceeding

twenty-five thousand rupees to the

person affected by such

contravention or a penalty not

exceeding twenty-five thousand

rupees

Sec.65 Tampering with

Computer source

documents

 

Imprisonment up to three years, or

with fine which may extend up to

two lakh rupees, or with both

Sec.66 Hacking with

Computer systems,

Data alteration etc.

Imprisonment for a term which may

extend to three years or with fine

which may extend to five lakh

rupees or with both

Sec.66A Sending offensive

messages through

communication

service etc.

Imprisonment for a term which may

extend to three years and with fine

Sec.66B Retains any stolen

computer resource or

communication device

 

Imprisonment for a term which may

extend to three years or with fine

which may extend to rupees one

lakh or with both

Sec.66C Fraudulent use of

electronic signature

Imprisonment for a term which may

extend to three years and shall also

be liable to fine which may extend

to rupees one lakh

Sec.66D Cheats by personating

by using computer

resource

Imprisonment for a term which may

extend to three years and shall also

be liable to fine which may extend

to one lakh rupees

Sec.66E Publishing obscene

Images

Imprisonment which may extend to

three years or with fine not

exceeding two lakh rupees, or with

both

Sec.66F Cyber terrorism Imprisonment which may extend to

imprisonment for life

Sec.67 Publishes or transmits

unwanted material

Imprisonment for a term which may

extend to three years and with fine

which may extend to five lakh

rupees & in the event of a second or

subsequent conviction with

imprisonment of either description

for a term which may extend to five

years and also with fine which may

extend to ten lakh rupees

 

Sec.67A Publishes or transmits

sexually explicit

material

Imprisonment for a term which may

extend to five years and with fine which may extend to ten lakh

rupees and in the event of second or

subsequent conviction with

imprisonment of either description

for a term which may extend to

seven years and also with fine

which may extend to ten lakh

rupees

Sec.67B Abusing children

online

 

Imprisonment for a term which may

extend to five years and with a fine

which may extend to ten lakh

rupees and in the event of second or

subsequent conviction with

imprisonment of either description

for a term which may extend to

seven years and also with fine

which may extend to ten lakh

rupees

 

Sec.67C Preservation of

information by

intermediary

Imprisonment for a term which may

extend to three years and shall also

be liable to fine

Sec.70 Un-authorised access

to protected system

Imprisonment for a term which may

extend to ten years and shall also

be liable to fine

Sec.71 Misrepresentation to

the Controller or the

Certifying Authority

for obtaining license

or Electronic Signature Certificate

 

Imprisonment for a term which may

extend to two years, or with fine

which may extend to one lakh

rupees, or with both.

Sec.72 Breach of

Confidentiality and

Privacy

Imprisonment for a term which may

extend to two years, or with fine

which may extend to one lakh

rupees, or with both

Sec.72A Disclosure of

information in breach

of contract

Imprisonment for a term which may

extend to three years, or with a fine

which may extend to five lakh

rupees, or with both

Sec.73 &

74

 

Publishing false digital

signature certificates

 

Imprisonment for a term which may

extend to two years, or with fine

which may extend to one lakh

rupees, or with both

 

 

 

 

 

 

 

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