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Bar News Acts League

The Information Technology Act, 2000

Act ID: 2000

The Information Technology Act, 2000

"An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, and for matters connected therewith."

Table of Contents

123 Sections

Ch. I

Preliminary

S.1Short title, extent, commencement and application S.2Definitions

Ch. II

Digital Signature and Electronic Signature

S.3Authentication of electronic records S.3AElectronic signature

Ch. III

Electronic Governance

S.4Legal recognition of electronic records S.5Legal recognition of electronic signatures S.6Use of electronic records and electronic signatures in Government and its agencies S.6ADelivery of services by service provider S.7Retention of electronic records S.7AAudit of documents, etc. maintained in electronic form S.8Publication of rules, regulation, etc., in Electronic Gazette S.9Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form S.10Power to make rules by Central Government in respect of electronic signature S.10AValidity of contracts formed through electronic means

Ch. IV

Attribution, Acknowledgment and Despatch of Electronic Records

S.11Attribution of electronic records S.12Acknowledgment of receipt S.13Time and place of despatch and receipt of electronic record

Ch. V

Secure Electronic Records and Secure Electronic Signatures

S.14Secure electronic record S.15Secure electronic signature S.16Security procedures and practices

Ch. VI

Regulation of Certifying Authorities

S.17Appointment of Controller and other officers S.18Functions of Controller S.19Recognition of foreign Certifying Authorities S.20Controller to act as repository S.21Licence to issue Electronic Signature Certificates S.22Application for licence S.23Renewal of licence S.24Procedure for grant or rejection of licence S.25Suspension of licence S.26Notice of suspension or revocation of licence S.27Power to delegate S.28Power to investigate contraventions S.29Access to computers and data S.30Certifying Authority to follow certain procedures S.30ACertifying Authority to ensure compliance of the Act, etc.S.31Certifying Authority to ensure compliance of the Act, etc.S.32Display of licence S.33Surrender of licence S.34Disclosure

Ch. VII

Electronic Signature Certificates

S.35Certifying Authority to issue Electronic Signature Certificate S.36Representations upon issuance of Electronic Signature Certificate S.37Suspension of Electronic Signature Certificate S.38Revocation of Electronic Signature Certificate S.39Notice of suspension or revocation

Ch. VIII

Duties of Subscribers

S.40Generating key pair S.41Duties of subscriber of Electronic Signature Certificate S.42Control of private key

Ch. IX

Penalties, Compensation and Adjudication

S.43Penalty and compensation for damage to computer, computer system, etc.S.43ACompensation for failure to protect data S.44Penalty for failure to furnish information, return, etc.S.45Residuary penalty S.46Power to adjudicate S.47Factors to be taken into account by the adjudicating officer

Ch. X

The Cyber Appellate Tribunal

S.48Establishment of Cyber Appellate Tribunal [Omitted]S.49[Omitted]S.50[Omitted]S.51[Omitted]S.52[Omitted]S.53[Omitted]S.54[Omitted]S.55[Omitted]S.56[Omitted]S.57[Omitted]S.58[Omitted]S.59[Omitted]S.60[Omitted]S.61[Omitted]S.62[Omitted]S.63[Omitted]S.64[Omitted]

Ch. XI

Offences

S.65Tampering with computer source documents S.66Computer related offences S.66APunishment for sending offensive messages through communication service, etc.S.66BPunishment for dishonestly receiving stolen computer resource or communication device S.66CPunishment for identity theft S.66DPunishment for cheating by personation by using computer resource S.66EPunishment for violation of privacy S.66FPunishment for cyber terrorism S.67Punishment for publishing or transmitting obscene material in electronic form S.67APunishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form S.67BPunishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form S.67CPreservation and retention of information by intermediaries S.68Power of Controller to give directions S.69Powers to issue directions for interception or monitoring or decryption of any information through any computer resource S.69APower to issue directions for blocking for public access of any information through any computer resource S.69BPower to authorise to monitor and collect traffic data or information through any computer resource for cyber security S.70Protected system S.70ANational nodal agency [Omitted]S.70BIndian Computer Emergency Response Team to serve as national agency for incident response S.71Penalty for misrepresentation S.72Penalty for breach of confidentiality and privacy S.72APunishment for disclosure of information in breach of lawful contract S.73Penalty for publishing Electronic Signature Certificate false in certain particulars S.74Publication for fraudulent purpose S.75Act to apply for offence or contravention committed outside India S.76Confiscation S.77Compensation, penalties or confiscation not to interfere with other punishments S.77ACompounding of offences S.77BOffences with three years imprisonment to be cognizable S.78Power to investigate offences

Ch. XII

Intermediaries not to be Liable in Certain Cases

S.79Exemption from liability of intermediary in certain cases

Ch. XII-A

Examiner of Electronic Evidence

S.79ACentral Government to notify Examiner of Electronic Evidence

Ch. XIII

Miscellaneous

S.80Power of police officer and other officers to enter, search, etc.S.81Act to have overriding effect S.81AApplication of the Act to electronic cheque and truncated cheque S.82Controller, Deputy Controller and Assistant Controllers to be public servants S.83Power to give directions S.84Protection for action taken in good faith S.84AModes or methods for encryption S.84BPunishment for abetment of offences S.84CPunishment for attempt to commit offences S.85Offences by companies S.86Removal of difficulties S.87Power of Central Government to make rules S.87A[Omitted]S.88Constitution of Advisory Committee S.88A[Omitted]S.89Power of Controller to make regulations S.90Power of State Government to make rules S.91Amendment of Act 45 of 1860 S.92Amendment of Act 1 of 1872 S.93Amendment of Act 18 of 1891 S.94Amendment of Act 2 of 1934