The Information Technology Act, 2000

Preamble

THE INFORMATION TECHNOLOGY ACT, 2000

ACT NO. 21 OF 2000

[9th June, 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.

WHEREAS the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law;

AND WHEREAS the said resolution recommends inter alia, that all States give favourable consideration to the said Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and storage of information;

AND WHEREAS it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--

What this Act covers

Sections

Type to filter. 125 sections.

1. 1Short title, extent, commencement and application
2. 2Definitions
3. 3Authentication of electronic records
4. 3AElectronic signature
5. 4Legal recognition of electronic records
6. 5Legal recognition of electronic signatures
7. 6Use of electronic records and electronic signatures in Government and its agencies
8. 6ADelivery of services by service provider
9. 7Retention of electronic records
10. 7AAudit of documents, etc., maintained in electronic form
11. 8Publication of rule, regulation, etc., in Electronic Gazette
12. 9Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
13. 10Power to make rules by Central Government in respect of electronic signature
14. 10AValidity of contracts formed through electronic means
15. 11Attribution of electronic records
16. 12Acknowledgment of receipt
17. 13Time and place of despatch and receipt of electronic record
18. 14Secure electronic record
19. 15Secure electronic signature
20. 16Security procedures and practices
21. 17Appointment of Controller and other officers
22. 18Functions of Controller
23. 19Recognition of foreign Certifying Authorities
24. 20[Omitted.]
25. 21Licence to issue electronic signature Certificates
26. 22Application for licence
27. 23Renewal of licence
28. 24Procedure for grant or rejection of licence
29. 25Suspension of licence
30. 26Notice of suspension or revocation of licence
31. 27Power to delegate
32. 28Power to investigate contraventions
33. 29Access to computers and data
34. 30Certifying Authority to follow certain procedures
35. 31Certifying Authority to ensure compliance of the Act, etc
36. 32Display of licence
37. 33Surrender of licence
38. 34Disclosure
39. 35Certifying authority to issue electronic signature Certificate
40. 36Representations upon issuance of Digital signature Certificate
41. 37Suspension of Digital Signature Certificate
42. 38Revocation of Digital Signature Certificate
43. 39Notice of suspension or revocation
44. 40Generating key pair
45. 40ADuties of subscriber of Electronic Signature Certificate
46. 41Acceptance of Digital Signature Certificate
47. 42Control of private key
48. 43Penalty and compensation for damage to computer, computer system, etc
49. 43ACompensation for failure to protect data
50. 44Penalty for failure to furnish information, return, etc
51. 45Residuary penalty
52. 46Power to adjudicate
53. 47Factors to be taken into account by the adjudicating officer
54. 48Appellate Tribunal
55. 49[Omitted.]
56. 50[Omitted.]
57. 51[Omitted.]
58. 52[Omitted.]
59. 52A[Omitted.]
60. 52B[Omitted.]
61. 52C[Omitted.]
62. 52DDecision by majority
63. 53[Omitted.]
64. 54[Omitted.]
65. 55Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
66. 56[Omitted.]
67. 57Appeal to Appellate Tribunal
68. 58Procedure and powers of the Appellate Tribunal
69. 59Right to legal representation
70. 60Limitation
71. 61Civil court not to have jurisdiction
72. 62Appeal to High Court
73. 63Compounding of contraventions
74. 64Recovery of penalty or compensation
75. 65Tampering with computer source documents
76. 66Computer related offences
77. 66AOmitted
78. 66BPunishment for dishonestly receiving stolen computer resource or communication device
79. 66CPunishment for identity theft
80. 66DPunishment for cheating by personation by using computer resource
81. 66EPunishment for violation of privacy
82. 66FPunishment for cyber terrorism
83. 67Punishment for publishing or transmitting obscene material in electronic form
84. 67APunishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
85. 67BPunishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
86. 67CPreservation and retention of information by intermediaries
87. 68Power of Controller to give directions
88. 69Power to issue directions for interception or monitoring or decryption of any information through any computer resource
89. 69APower to issue directions for blocking for public access of any information through any computer resource
90. 69BPower to authorise to monitor and collect traffic data or information through any computer resource for cyber security
91. 70Protected system
92. 70ANational nodal agency
93. 70BIndian Computer Emergency Response Team to serve as national agency for incident response
94. 71Penalty for misrepresentation
95. 72Penalty for Breach of confidentiality and privacy
96. 72APunishment for disclosure of information in breach of lawful contract
97. 73Penalty for publishing electronic signature Certificate false in certain particulars
98. 74Publication for fraudulent purpose
99. 75Act to apply for offence or contravention committed outside India
100. 76Confiscation
101. 77Compensation, penalties or confiscation not to interfere with other punishment
102. 77ACompounding of offences
103. 77BOffences with three years imprisonment to be bailable
104. 78Power to investigate offences
105. 79Exemption from liability of intermediary in certain cases
106. 79ACentral Government to notify Examiner of Electronic Evidence
107. 80Power of police officer and other officers to enter, search, etc
108. 81Act to have overriding effect
109. 81AApplication of the Act to electronic cheque and truncated cheque
110. 82Controller, Deputy Controller and Assistant Controller to be public servants
111. 83Power to give directions
112. 84Protection of action taken in good faith
113. 84AModes or methods for encryption
114. 84BPunishment for abetment of offences
115. 84CPunishment for attempt to commit offences
116. 85Offences by companies
117. 86Removal of difficulties
118. 87Power of Central Government to make rules
119. 88Constitution of Advisory Committee
120. 89Power of Controller to make regulations
121. 90Power of State Government to make rules
122. 91[Omitted.]
123. 92[Omitted.]
124. 93[Omitted.]
125. 94[Omitted.]

Legislative history

Schedules

This Act has 4 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

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