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:—
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| Sections | Particulars |
| Preamble | |
| Chapter I | Preliminary |
| 1 | Short title, Extent, Commencement and application |
| 2 | Definitions |
| Chapter II | Digital Signature |
| 3 | Authentication of electronic records |
| Chapter III | Electronic Governance |
| 4 | Legal recognition of electronic records |
| 5 | Legal recognition of digital signatures |
| 6 | Use of electronic records and digital signatures in Government and its agencies |
| 7 | Retention of electronic records |
| 8 | Publication of rule, regulation, etc., in Electronic Gazette |
| 9 | Sections 6,7 and 8 not to confer right to insist document should be accepted in electronic form |
| 10 | Power to make rules by Central Government in respect of digital signature |
| Chapter IV | Attribution, Acknowledgement and Dispatch of Electronic records |
| 11 | Attribution of electronic records |
| 12 | Acknowledgement of receipt |
| 13 | Time and place of dispatch and receipt of electronic record |
| Chapter V | Secure Electronic records and secure digital signatures |
| 14 | Secure electronic record |
| 15 | Secure digital signature |
| 16 | Security procedure |
| Chapter VI | Regulation of Certifying Authorities |
| 17 | Appointment of Controller and other officers |
| 18 | Functions of Controller |
| 19 | Recognition of foreign Certifying Authorities |
| 20 | Controller to act as repository |
| 21 | License to issue Digital Signature Certificates |
| 22 | Application for license |
| 23 | Renewal of license |
| 24 | Procedure for grant or rejection of license |
| 25 | Suspension of license |
| 26 | Notice of suspension or revocation of license |
| 27 | Power to delegate |
| 28 | Power to investigate contraventions |
| 29 | Access to computers and data |
| 30 | Certifying Authority to follow certain procedures |
| 31 | Certifying Authority to ensure compliance of the Act, etc. |
| 32 | Display of license |
| 33 | Surrender of license |
| 34 | Disclosure |
| Chapter VII | Digital Signature Certificates |
| 35 | Certifying authority to issue Digital Signature Certificate |
| 36 | Representations upon issuance of Digital Signature Certificate |
| 37 | Suspension of Digital Signature Certificate |
| 38 | Revocation of Digital Signature Certificate |
| 39 | Notice of suspension or revocation |
| Chapter VIII | Duties of Subscribers |
| 40 | Generating key pair |
| 41 | Acceptance of Digital Signature Certificate |
| 42 | Control of private key |
| 43 | Penalty for damage to computer, computer system, etc. |
| 44 | Penalty for failure to furnish information, return, etc. |
| 45 | Residuary penalty |
| 46 | Power to adjudicate |
| 47 | Factors to be taken into account by the adjudicating officer |
| Chapter X | The Cyber Regulations Appellate Tribunal |
| 48 | Establishment of Cyber Appellate Tribunal |
| 49 | Composition of Cyber Appellate Tribunal |
| 50 | Qualifications for appointment as Presiding Officer for the Cyber Appellate Tribunal |
| 51 | Term of office |
| 52 | Salary, allowances and other terms and conditions of service of Presiding Officer |
| 53 | Filling up of vacancies |
| 54 | Resignation and removal |
| 55 | Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings |
| 56 | Staff of the Cyber Appellate Tribunal |
| 57 | Appeal to Cyber Regulations Appellate Tribunal |
| 58 | Procedure and powers of the Cyber Appellate Tribunal |
| 59 | Right to legal representation |
| 60 | Limitation |
| 61 | Civil court not to have jurisdiction |
| 62 | Appeal to High Court |
| 63 | Compounding of contraventions |
| 64 | Recovery of penalty |
| Chapter XI | Offences |
| 65 | Tampering with computer source documents |
| 66 | Hacking with Computer system |
| 67 | Publishing of information which is obscene in electronic form |
| 68 | Power of the Controller to give directions |
| 69 | Directions of Controller to a subscriber to extend facilities to decrypt information |
| 70 | Protected system |
| 71 | Penalty for misrepresentation |
| 72 | Breach of confidentiality and privacy |
| 73 | Penalty for publishing Digital Signature Certificate false in certain particulars |
| 74 | Publication for fraudulent purpose |
| 75 | Act to apply for offence or contravention committed outside India |
| 76 | Confiscation |
| 77 | Penalties and confiscation not to interfere with other punishments |
| 78 | Power to investigate offences |
| Chapter XII | Network service providers not to be liable in certain cases |
| 79 | Network service providers not to be liable in certain cases |
| Chapter XIII | Miscellaneous |
| 80 | Power of police officer and other officers to enter, search, etc. |
| 81 | Act to have overriding effect |
| 82 | Controller, Deputy Controller and Assistant Controllers to be public servants |
| 83 | Power to give directions |
| 84 | Protection of action taken in good faith |
| 85 | Offences by companies |
| 86 | Removal of difficulties |
| 87 | Power of Central Government to make rules |
| 88 | Constitution of Advisory Committee |
| 89 | Power of Controller to make regulations |
| 90 | Power of State Government to make rules |
| 91 | Amendment of Act 45 of 1860 |
| 92 | Amendment of Act 1 of 1872 |
| 93 | Amendment of Act 18 of 1891 |
| 94 | Amendment of Act 2 of 1934 |
| Schedules | |
| Schedule 1 | Amendments to the Indian Penal Code |
| Schedule 2 | Amendments to the Indian Evidence Act, 1872 |
| Schedule 3 | Amendments to the Bankers’ Books Evidence Act, 1891 |
| Schedule 4 | Amendments to the Reserve Bank of India Act, 1934 |