India: The Information Technology Act, 2000
The Information Technology Act of 2000 is a law passed by the Indian government to address issues related to electronic governance, digital signatures, and cybercrime. The Act provides a legal framework for regulating electronic commerce and communication in India, including online contracts and electronic transactions. It also establishes penalties for various cyber offences, including hacking, data theft, and the distribution of obscene content.
The Act has been amended several times since its inception to address new challenges in the digital age. The latest amendment, passed in 2021, includes provisions for regulating social media platforms and messaging apps, requiring them to comply with Indian laws and to remove content deemed harmful or offensive.
The Act has been praised for promoting digital literacy and e-governance in India. However, it has also faced criticism for its potential to infringe on civil liberties and for its lack of clarity in some areas. The Act remains a crucial legislation regulating electronic communication and commerce in India.
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, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
11 – Attribution of electronic records.
12 – Acknowledgment of receipt.
13 – Time and place of despatch and receipt of electronic record.
14 – Secure electronic record.
15 – Secure digital 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 Digital 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: 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.
CHAPTER IX: PENALTIES AND ADJUD1CATION
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 of 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 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 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 – Penalty for 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 commited outside India.
76 – Confiscation.
77 – Penalties or 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.
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 1834.
