Mr. Lexi said that yes, The Information Technology, 2000 governs the security of digital signatures.”
Which act governs the transactions done online via electronic exchange of data?
What was the need to enact the IT ACT, 2000?
- To grant legal recognition to transactions done via electronic exchange.
- Grant legal authentication to digital signatures.
- Facilitating electronic filing of documents with the government agencies.
- Facilitate electronic storage of data.
- To Grant legal sanction to electronic transfer of funds.
When is this act applicable?
- The conduct of person constituting the offence involves a computer or a computerized system or network located in India
- Irrespective of his/her nationality, the person is punishable under the Act.
When is the IT Act, 2000 not applicable?
● Execution of negotiable instrument under Negotiable Instrument Act, 1881. (Except cheques).
● Execution of a power of attorney under the Power of Attorney Act, 1882.
● Creation of trust under the Indian Trust, 1882.
● Execution of a Will under the Indian Succession Act, 1925.
● Entering into a contract for sale of conveyance of immovable property.
What is meant by a computer?
Any electronic processing device that includes numerous facilities which are connected to a network system is known as a computer.
Example- Any PC or laptop or tablet connected to a network will be considered as a computer for the purpose of this act.
What does the term data mean?
What does an electronic record mean?
What is the meaning of a digital signature?
What is the meaning of an electronic signature?
What does the term information refer to?
IT (Amendment) Act, 2008
What were the main amendments that were made in 2008?
● To give legal recognition to electronic records along with digital signatures.
● To establish a regulatory authority i.e. a certifying authority to issue digital signature certificates.
● Imposes civil and criminal penalties in case of contravention of the provisions if the act.
● For electronic governance, provide safe usage of digital signature and electronic records for Government offices and agencies.
● Make necessary amendments in Indian Penal Code and the Indian Evidence Act, to include offences relating to documents and paper based transactions.
Concept of Intermediaries
Who is an intermediary?
Authorities under the act
Which are the authorities under the act?
● Certifying authority.
● Adjudicating officer.
● Cyber Appellate Tribunal.
● Indian Computer Emergency Response Team.
● National Technical Research Organisation.
● Cyber Crime Cell.
Which tribunal acts as an appellate tribunal for this act?
When can an appeal be taken before a High Court?
What kind of penalties does the IT Act impose?
● Criminal penalties in case of Cyber Offences.
What does a Cyber contravention means?
What does a cyber crime mean?
In A Nutshell
● This act is applicable to any offence in which a computer has been used which is located in India but there are certain exceptions when this act is not applicable.
● The act defines certain important definitions such as computer, data, information, digital and electronic signatures etc.
● The Act was amended in 2008 which made important additions to the act such as punishment for transmitting obscene information in electronic form.
● The amendment also defines what an intermediary is and provides immunity to him. But the immunity is not absolute, in case he does any act that is unlawful, he shall be held liable.
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