Information Technology Act, 2000

Information Technology Act, 2000 is India’s mother legislation regulating the
use of computers, computer systems and computer networks as also data and
information in the electronic format. This legislation has touched varied
aspects pertaining to electronic authentication, digital (electronic) signatures,
cyber crimes and liability of network service providers.
The Preamble to the Act states that it aims at providing 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 and aims at facilitating electronic
filing of documents with the Government agencies.
This Act was amended by Information Technology Amendment Bill, 2008 which
was passed in Lok Sabha on 22nd December, 2008 and in Rajya Sabha on 23rd
December, 2008. It received the assent of the President on 5th February 2009
and was notified with effect from 27/10/2009.

The IT Act of 2000 was developed to promote the IT industry, regulate ecommerce, facilitate e-governance and prevent cybercrime. The Act also sought
to foster security practices within India that would serve the country in a global
context. The Amendment was created to address issues that the original bill
failed to cover and to accommodate further development of IT and related
security concerns since the original law was passed.
The IT Act, 2000 consists of 90 sections spread over 13 chapters [Sections 91,
92, 93 and 94 of the principal Act were omitted by the Information Technology
(Amendment) Act 2008 and has 2 schedules.[ Schedules III and IV were
omitted by the Information Technology (Amendment) Act 2008].
Salient features of the Information Technology (Amendment) Act, 2008
i. The term ‘digital signature’ has been replaced with ‘electronic
signature’ to make the Act more technology neutral.
ii. A new section has been inserted to define ‘communication device’
to mean cell phones, personal digital assistance or combination of
both or any other device used to communicate, send or transmit
any text video, audio or image.
iii. A new section has been added to define cyber cafe as any facility
from where the access to the internet is offered by any person in
the ordinary course of business to the members of the public.
iv. A new definition has been inserted for intermediary.
v. A new section 10A has been inserted to the effect that contracts
concluded electronically shall not be deemed to be unenforceable
solely on the ground that electronic form or means was used.

vi. The damages of Rs. One Crore prescribed under section 43 of the
earlier Act of 2000 for damage to computer, computer system etc.
has been deleted and the relevant parts of the section have been
substituted by the words, ‘he shall be liable to pay damages by way
of compensation to the person so affected’.
vii. A new section 43A has been inserted to protect sensitive personal
data or information possessed, dealt or handled by a body
corporate in a computer resource which such body corporate owns,
controls or operates. If such body corporate is negligent in
implementing and maintaining reasonable security practices and
procedures and thereby causes wrongful loss or wrongful gain to
any person, it shall be liable to pay damages by way of
compensation to the person so affected.
viii. Sections 66A to 66F has been added to Section 66 prescribing
punishment for offences such as obscene electronic message
transmissions, identity theft, cheating by impersonation using
computer resource, violation of privacy and cyber terrorism.
ix. Section 67 of the IT Act, 2000 has been amended to reduce the
term of imprisonment for publishing or transmitting obscene
material in electronic form to three years from five years and
increase the fine thereof from Rs.100,000 to Rs. 500,000. Sections
67A to 67C have also been inserted. While Sections 67A and B
deals with penal provisions in respect of offences of publishing or
transmitting of material containing sexually explicit act and child
pornography in electronic form, Section 67C deals with the
obligation of an intermediary to preserve and retain such
information as may be specified for such duration and in such
manner and format as the central government may prescribe.

x. In view of the increasing threat of terrorism in the country, the new
amendments include an amended section 69 giving power to the
state to issue directions for interception or monitoring of
decryption of any information through any computer resource.
Further, sections 69A and B, two new sections, grant power to the
state to issue directions for blocking for public access of any
information through any computer resource and to authorize to
monitor and collect traffic data or information through any
computer resource for cyber security.
xi. Section 79 of the Act which exempted intermediaries has been
modified to the effect that an intermediary shall not be liable for
any third party information data or communication link made
available or hosted by him if; (a) The function of the intermediary is
limited to providing access to a communication system over which
information made available by third parties is transmitted or
temporarily stored or hosted; (b) The intermediary does not initiate
the transmission or select the receiver of the transmission and
select or modify the information contained in the transmission; (c)
The intermediary observes due diligence while discharging his
duties. However, section 79 will not apply to an intermediary if the
intermediary has conspired or abetted or aided or induced whether
by threats or promise or otherwise in the commission of the
unlawful act or upon receiving actual knowledge or on being
notified that any information, data or communication link residing
in or connected to a computer resource controlled by it is being
used to commit an unlawful act, the intermediary fails to
expeditiously remove or disable access to that material on that
resource without vitiating the evidence in any manner

xii. A proviso has been added to Section 81 which states that the
provisions of the Act shall have overriding effect. The proviso states
that nothing contained in the Act shall restrict any person from
exercising any right conferred under the Copyright Act, 1957.
Rules notified under the Information Technology Act, 2000
a) The Information Technology (Reasonable security practices and
procedures and sensitive personal data or information) Rules, 2011
b) The Information Technology (Electronic Service Delivery) Rules, 2011
c) The Information Technology (Intermediaries guidelines) Rules, 2011
d) The Information Technology (Guidelines for Cyber Cafe) Rules, 2011
e) The Cyber Appellate Tribunal (Salary, Allowances and other terms and
conditions of service of Chairperson and Members) Rules, 2009
f) The Cyber Appellate Tribunal (Procedure for investigation of
Misbehaviour or Incapacity of Chairperson and Members) Rules, 2009
g) The Information Technology (Procedure and Safeguards for Blocking for
Access of Information by Public), 2009
h) The Information Technology (Procedure and Safeguards for interception,
monitoring and decryption of information) Rules, 2009
i) The Information Technology (Procedure and Safeguard for Monitoring
and Collecting Traffic Data or Information) Rules, 2009
j) The Information Technology (Use of electronic records and digital
signatures) Rules, 2004
k) The Information Technology (Security Procedure) Rules, 2004
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l) The Information Technology (Other Standards) Rules, 2003

m) The Information Technology (Certifying Authority) Regulations, 2001
n) Information Technology (Certifying Authorities) Rules, 2000

Overview of other laws amended by the IT Act, 2000

The Indian Penal Code of 1860 and the Indian Evidence Act of 1872 was
amended by the IT Act of 2000 to keep in tune with the technological changes
that were rising rapidly.
A. Indian Penal Code, 1860
Amendments related to IPC were contained in Sec.91 and the First
Schedule of the IT Act, 2000. Pursuant to the enactment of the
Information Technology (amendment) Act, 2008, Sec.91 was deleted and
the provisions with regard to Indian Penal Code were mentioned in Part
III of the amendment Act.
The amendments made to the Indian Penal Code are as follows –
1) Amendment to Sec.4 –
In section 4, – i) after clause (2), the following clause shall be
inserted namely: – (3) any person in any place without and beyond
India committing offence targeting a computer resource located in
India ii) for the Explanation, the following Explanation shall be
substituted, namely:- (a) the word “offence” includes every act
committed outside India which, if committed in India would be
punishable under this code. (b) the expression “computer resource”
shall have the meaning assigned to it in clause (k) of subsection (1)
of section 2 of the Information Technology Act, 2000.
2) Amendment of Sec.40 –

In clause (2), after the figure “117”, the figures “118,119 and 120”
shall be inserted.
3) Amendment of Sec.118 –
In section 118, for the words “voluntarily conceals, by any act or
illegal omission, the existence of a design”, the words “voluntarily
conceals by any act or omission or by the use of encryption or any
other information hiding tool, the existence of a design” shall be
substituted.
4) Amendment of Sec.119 –
In section 119, for the words “voluntarily conceals, by any act or
illegal omission, the existence of a design”, the words “voluntarily
conceals by any act or omission or by the use of encryption or any
other information hiding tool, the existence of a design” shall be
substituted.
5) Amendment of Sec.464 –
In section 464, for the words “digital signature” wherever they
occur, the words “electronic signature” shall be substituted.

B. Indian Evidence Act, 1872
Amendments related to the evidence Act were contained in Sec.92 and
the Second Schedule of the IT Act, 2000. Pursuant to the enactment of
the Information Technology (amendment) Act, 2008, Sec.92 was deleted
and the provisions with regard to the Indian Evidence Act were
mentioned in Part IV of the amendment Act.
1) Amendment of Sec.3 –
In section 3 relating to interpretation clause, in the paragraph
appearing at the end, for the words “digital signature” and “Digital
Signature Certificate”, the words “Electronic signature” and
“Electronic Signature Certificate” shall be respectively substituted.

2) Insertion of new Sec.45A – Opinion of Examiner of Electronic
evidence –
45A: When in a proceeding, the Court has to form an opinion on
any matter relating to any information transmitted or stored in any
computer resource or any other electronic or digital form, the
opinion of the Examiner of Electronic Evidence referred to in
section 79A of the Information Technology Act, 2000, is a relevant
fact. Explanation: For the purposes of this section, an Examiner of
Electronic Evidence shall be an expert
3) Amendment of Sec.47A –
In section 47A,- (i) for the words “digital signature”, the words
“electronic signature” shall be substituted; (ii) for the words “Digital
Signature Certificate”, the words “Electronic Signature Certificate”
shall be substituted.
4) Amendment of Sec.67A –
In section 67 A, – for the words “digital signature”, the words
“electronic signature” shall be substituted.
5) Amendment of Sec.85A –
In section 85A, for the words “digital signature”, wherever they
occur, the words “electronic signature” shall be substituted.
6) Amendment of Sec.85B –
In section 85B, – for the words “digital signature”, wherever they
occur, the words “electronic signature” shall be substituted.
7) Amendment of Sec.85C –
In section 85C, for the words “Digital Signature Certificate”, the
words “Electronic Signature Certificate” shall be substituted.
8) Amendment of Sec.90A –
In section 90A, the words “digital signature”, at both places where
they occur, the words “electronic signature” shall be substituted