Information Act 2000

Dr P Shalini

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What Is the Information Technology Act 2000?

• A legal framework proposed by the Indian Parliament,

the Informational Technology Act of 2000, is the
primary legislation in India dealing with cybercrime
and electronic commerce. It was formulated to
ensure the lawful conduct of digital transactions and the
reduction of cyber crimes, on the basis of the United
Nations Model Law on Electronic Commerce 1996
(UNCITRAL Model). This legal framework, or IT Act
2000, comes with 94 sections, divided into 13 chapters
and 2 schedules.
(1) This Act may be called the Information Technology Act 2000.
(2) The bill of this law was passed in the Budget by a
group of Parliament members headed by the then
Minister of Information Technology, Pramod Mahajan. The
bill was signed by President K. R. Narayanan on 9 May
2000. It finally came into effect on October 17, imposing
restrictions on all individuals regardless of nationality and
geographic location.
Objective of the law
• An Act to provide legal recognition for transactions carried out using
electronic data interchange and other means of electronic
communication, commonly referred to as ―electronic commerce‖,
which involves 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.
Importance of IT Act 2000

• The Act provides legal recognition to electronic records,

resulting in the growth of e-commerce and digital
transactions in India.
• It has established electronic signatures as the legal
equivalent of physical signatures.
• The formulation of this act has come up with the
establishment of the Controller of Certifying Authorities
(CCA), a government body that is responsible for issuing
and maintaining the security of digital signatures as
well as certificates.
• The Act has made it mandatory for companies to obtain
consent from consumers when it comes to collecting or
using their personal information.
• With the Act becoming effective, individuals have the
right to seek compensation in case of damage or misuse
of their data by an unauthorized party.
• Through the Act, the Government of India can
criminalize cybercrime, hacking, and spreading of
computer viruses.
• The Information Technology Act 2000 also
authorized the establishment of the Cyber Appellate
Tribunal, a specialized official body hired to address the
appeals against orders passed by Adjudicating Officers
under the Act.
• It contains provisions safeguarding the critical
information infrastructure, including communication
networks and power grids.
Objectives of the Information Technology Act 2000

• Promote efficient delivery of government services

electronically or facilitate digital transactions between
firms and regular individuals
• Impose penalties upon cybercrimes like data theft,
identity theft, cyberstalking, and so on, to create a
secure cyber landscape
• Formulate rules and regulations that monitor the cyber
activity and electronic mediums of communication and
commerce
• Promote the expansion and foster innovation and
entrepreneurship in the Indian IT/ITES sector
Features of the Information Technology Act 2000

• The provisions of this Act are implemented by the

Central Government to regulate electronic commerce
and penalise cybercrime.
• The Act states the roles and responsibilities of
intermediaries as well as conditions under which their
liability can be exempted.
• The Information Technology Act is associated with CERT-
In (Indian Computer Emergency Response Team), a
nodal agency that is responsible for cybersecurity and
cyber incident response.
• There have been 2 amendments associated with this
Act, addressing the technological advancements,
implementability concerns and anomalies.
IT Act 2000 and Its Amendments

• 1. Amendment of 2008

• The 2008 amendment came up with modifications to

Section 66A of the IT Act, 2000. The section outlined
penalties for sharing offensive messages electronically.
This includes any message or information that incited
hatred or compromised the integrity and security of the
nation. However, the lack of clarity in defining
'offensive' messages led to unnecessary punishment of
several individuals, ultimately resulting in the striking
down of the section.
• 2. Amendment Bill 2015

• In 2015, another bill was initiated to amend Section 66A

with the aim of safeguarding the fundamental rights
guaranteed to citizens by the country's Constitution.
This was later accomplished by declaring it as violative
of Article 19 of the Constitution.
Digital Signature Under IT Act 2000

• The Information Technology Act 2000 includes

provisions that legally introduce the use of digital
signatures for submitting crucial documents online,
ensuring their security and authenticity. The Act further
mandates all companies/LLPs under the MCA21 e-
Governance programme to utilise digital signatures for
document filing.
Electronic Governance Under IT Act 2000

• Electronic governance or e-government involves the

application of legal rules and regulations for managing,
controlling, and administering government processes
conducted electronically. Keep reading to find out how
electronic governance is dealt with under the Information
Technology Act 2000:
• Section 4: This Section grants legal recognition to
electronic records, making them equivalent to paper-based
documents.
• Section 5: In Section 5 of the Indian IT Act, 2000, digital
signatures get equal legal recognition as handwritten
signatures. However, the authentication of these digital
signatures is determined by the Central Government.
• Section 6: Eliminating red tapism, Section 6 promotes
the use of electronic records and digital signatures by
all agencies of the Indian Government. This involves
online filing of documents, issuance of
licenses/approvals electronically, and digital
receipt/payment of money.
• Section 7: This Section authorizes the retention of
electronic records to fulfill legally retaining records.
• The Information Technology Act 2000 has 94
sections focusing on the regulation of electronic
exchanges. These sections collectively establish a
comprehensive framework for electronic governance,
digital signatures, and the legal recognition of electronic
records. All these sections play a crucial role in
facilitating the use of digital technologies in
governance.
Section 43 of IT Act 2000

• Section 43 of Chapter IX of the IT Act, 2000 outlines

various actions for which a penalty is imposed if done
without permission from the person in charge of the
computer system. These actions are discussed below.
• Access information from the system
• Download or copy data with proper authorisation
• Introduce virus or other malicious software into the
system
• Cause damage to a computer network or database
• Prevent an authorised user from accessing the system
• Assist others in breaching the provisions of the law
• Charge someone for services they have not utilised
• Alter or remove information to reduce its value or cause
harm
• Steal or mess with the code that makes a computer
program work
Section 66 of IT Act 2000

• If an individual engages in any action outlined in Section

43 with dishonest or fraudulent intent, he/she shall be
subject to punishment. As per Section 66 of the IT Act
2000, this punishment may include imprisonment for
up to 3 years, a fine of up to Rs. 5 lakh, or both.
Section 66A of IT Act 2000

• The Information Technology Act of 2000 was amended

to introduce a new section, Section 66A in order to
address instances of cybercrime arising from the
emergence of technology and the internet. This section
imposes penalties for sending offensive messages
through communication services.
• As per this section, a person will face punishment in the
following scenarios:
• Sending information that is highly offensive or has a
menacing character
• Using a computer resource or communication device to
send false information with the intent of causing
annoyance, inconvenience, danger, obstruction, insult,
injury, criminal intimidation, enmity, hatred, or ill will
• Sending any electronic mail or message with the
intention of causing annoyance, inconvenience,
deception, or misleading the recipient
Section 66B of IT Act 2000

• Section 66B outlines the punishment for dishonestly

receiving stolen computer resources or communication
devices. As per this section, anyone who knowingly
receives or retains any stolen computer resource or
communication device shall be imprisoned for up to 3
years, or a fine of up to Rs. 1 lakh, or both.
Section 67A of the IT Act 2000

• Section 67A deals with the punishment for publishing or

sharing material containing sexually explicit acts in
electronic form. On 1st conviction, individuals who
publish such material shall face imprisonment for up to
5 years and a fine of up to Rs. 10 lakh. In the event of a
2nd or subsequent conviction, the punishment may
extend to imprisonment for up to 7 years and a fine of
up to Rs. 10 lakh.
Offences and Penalties Under IT Act 2000
Advantages
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Disadvantages
• The disadvantages that came forth after the enactment of
the Information Technology Act 2000:
• The Information Technology Act of 2000 fails to address the
issues involving domain names and the rights and liabilities
of domain owners.
• Despite the prevalence of copyright and patent issues in
India, the Act still does not protect Intellectual Property
Rights when it comes to computer programs and networks.
• Various kinds of cybercrimes, such as cyberstalking, cyber
fraud, chat room abuse, theft of internet hours, and many
more, are not covered by this Act.
• The IT Act has also failed to address critical issues such as
privacy and content regulation.
References
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