Cyber Security Regulations in India: The Information Technology (IT) Act, 2000

 

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 world. 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

·      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