Intellectual Property and Technology
The Information Technology Act, 2000
Act 21 of 2000 · 125 sections
Practise questions on Cyber Law
Title, date and preamble
[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:-
Contents
CHAPTER I PRELIMINARY
CHAPTER II DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
CHAPTER III ELECTRONIC GOVERNANCE
- 4.Legal recognition of electronic records
- 5.Legal recognition of [electronic signatures]
- 6.Use of electronic records and [electronic signatures] in Government and its agencies
- 6A.Delivery of services by service provider
- 7.Retention of electronic records
- 7A.Audit of documents, etc., maintained in electronic form
- 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 [electronic signature]
- 10A.Validity of contracts formed through electronic means
CHAPTER IV ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
CHAPTER V SECURE ELECTRONIC RECORDS ANS SECURE ELECTRONIC SIGNATURE
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.Licence to issue [electronic signature] Certificates
- 22.Application for licence
- 23.Renewal of licence
- 24.Procedure for grant or rejection of licence
- 25.Suspension of licence
- 26.Notice of suspension or revocation of licence
- 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 licence
- 33.Surrender of licence
- 34.Disclosure
CHAPTER VII ELECTRONIC SIGNATURE CERTIFICATES
CHAPTER VIII DUTIES OF SUBSCRIBERS
CHAPTER IX PENALTIES, COMPENSATION AND ADJUDICATION
CHAPTER X APPELLATE TRIBUNAL
- 48.Establishment of [Appellate Tribunal]
- 49.Composition of Cyber Appellate Tribunal
- 50.Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal
- 51.Term of office, conditions of service, etc., of Chairperson and Members
- 52.Salary, allowances and other terms and conditions of service of Chairperson and Members
- 52A.Powers of superintendence, direction, etc
- 52B.Distribution of business among Benches
- 52C.Power of Chairperson to transfer cases
- 52D.Decision by majority
- 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 [Appellate Tribunal]
- 58.Procedure and powers of the [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 or compensation]
CHAPTER XI OFFENCES
- 65.Tampering with computer source documents
- 66.Computer related offences
- 66A.Punishment for sending offensive messages through communication service, etc
- 66B.Punishment for dishonestly receiving stolen computer resource or communication device
- 66C.Punishment for identity theft
- 66D.Punishment for cheating by personation by using computer resource
- 66E.Punishment for violation of privacy
- 66F.Punishment for cyber terrorism
- 67.Punishment for publishing or transmitting obscene material in electronic form
- 67A.Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
- 67B.Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
- 67C.Preservation and retention of information by intermediaries
- 68.Power of Controller to give directions
- 69.Power to issue directions for interception or monitoring or decryption of any information through any computer resource
- 69A.Power to issue directions for blocking for public access of any information through any computer resource
- 69B.Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
- 70.Protected system
- 70A.National nodal agency
- 70B.Indian Computer Emergency Response Team to serve as national agency for incident response
- 71.Penalty for misrepresentation
- 72.Penalty for Breach of confidentiality and privacy
- 72A.[Penalty] for disclosure of information in breach of lawful contract
- 73.Penalty for publishing [electronic 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.Compensation, penalties or confiscation not to interfere with other punishment
- 77A.Compounding of offences
- 77B.Offences with three years imprisonment to be bailable
- 78.Power to investigate offences
CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES
CHAPTER XIIA EXAMINER OF ELECTRONIC EVIDENCE
CHAPTER XIII MISCELLANEOUS
- 80.Power of police officer and other officers to enter, search, etc
- 81.Act to have overriding effect
- 81A.Application of the Act to electronic cheque and truncated cheque
- 82.Controller, Deputy Controller and Assistant Controller to be public servants
- 83.Power to give directions
- 84.Protection of action taken in good faith
- 84A.Modes or methods for encryption
- 84B.Punishment for abetment of offences
- 84C.Punishment for attempt to commit offences
- 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 and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.