Cyber
Security Regulations in India: The Information Technology (IT) Act, 2000
Cyber law, known
as cybercrime law or Internet law, refers to the legal framework that governs
activities and transactions in the digital realm. It encompasses a wide range
of legal principles, regulations, and statutes that address issues related to
the Internet, computers, networks, and electronic information.
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.
The Information
Technology Act, 2000 ( IT Act) is an Act of the Indian Parliament (No 21 of
2000) notified on 17 October 2000.
·
It is the primary law
in India dealing with cybercrime and electronic commerce.
·
The laws apply to the
whole of India. If a crime involves a computer or network located in India,
persons of other nationalities can also be indicted under the law.
·
The original Act
contained 94 sections, divided into 13 chapters and 4 schedules.
Chapter
of Information Technology Act, 2000
·
Chapter 1: It deals with the applicability of the Act and
definitions of various terminologies used in the Act.
·
Chapter 2: It talks
about digital and electronic signatures.
·
Chapters 3: It deals
with electronic governance
·
Chapter 4 : It deals with electronic records
·
Chapter 5 : It is
related to the security of these records and
·
Chapter 6: It deals
with regulations of certifying authorities.
·
Chapter 7 : It gives the certificates needed to issue an
electronic
signature.
·
Chapter 8 : It gives
the duties of subscribers.
·
Chapter 9 : It describes
various penalties.
·
Chapter 10: It provides
sections related to the Appellate Tribunal.
·
Chapter 11: It
describes various offences related to breach of data and
their
punishments.
·
Chapter 12 : It provides
the circumstances where the intermediaries are
not
liable for any offence or breach of data privacy.
·
Chapter 13: It is the
miscellaneous chapter.
Power
of police officer and other officers to enter, search, etc, Offences by
companies, etc.
Objectives:
• The Act seeks to protect all transactions
done through electronic means.
•
E-commerce has reduced paperwork used for communication purposes. It also gives
legal protection to communication and the exchange of information through
electronic means.
•
It protects the digital signatures that are used for any mode of legal
authentication.
•
It regulates the activities of intermediaries by keeping a check on their
powers.
•
It defines various offences related to data privacy of citizens and hence
protects their data.
• It also regulates and protects the sensitive
data stored by social media and other electronic intermediaries.
• It provides recognition to books of accounts
kept in electronic form regulated by the Reserve Bank of India Act, 1934.
Salient
Features
• The Act provided legal sanction to digital
signatures
• It also gave electronic documents
admissibility in court of law by amendment to Indian Evidence Act 1872.
• One of the objectives of the Act was to
legalize Electronic Commerce.
• The Act provides a legal framework for
electronic governance by giving recognition to electronic records and digital
signatures. It also defines cybercrimes and prescribes penalties for them.
• The Act directed the formation of a
Controller of Certifying Authorities to regulate the issuance of digital
signatures. It also established a Cyber Appellate Tribunal to resolve disputes
rising from this new law.
• The Act also amended various sections of the
Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Book
Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant
with new technologies
Offences and their punishments under
IT Act, 2000
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