|1.||IT Act History||Read Now|
|2.||Need for information technology act 2000||Read Now|
|3.||Information technology act 2000||Read Now|
|4.||IT Act Objectives||Read Now|
|6.||Digital signature and Electronic signature||Read Now|
|7.||Salient features of IT Act 2000||Read Now|
|8.||Applicability & Non-Applicability||Read Now|
|9.||Important Section of ITA 2000||Read Now|
Read here some important topicwise notes for MPPSC exam preparation
IT Act History
In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-commerce) to bring uniformity in the law in different countries.
Further, the General Assembly of the United Nations recommended that all countries must consider this model law before making changes to their own laws. India became the 12th country to enable cyber law after it passed the Information Technology Act, 2000.
While the first draft was created by the Ministry of Commerce, Government of India as the Ecommerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999’, and passed in May 2000.
Need for information technology act 2000
Need for information technology act 2000 Internet dramatically changed on life.
Transition from paper to paperless work.
Laws of the real world cannot relate with cyber offences.
All companies depend on the computer network and keep the valuable data in electronic form.
Information technology act 2000
The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
IT Act Objectives
Definition of Cybercrime:Cybercrime is criminal activity done using computers and the Internet.
Definition of E-CommerceE-Commerce or Electronic commerce is a process of buying, selling, transferring, or exchanging products, services and/or information via electronic networks and computer.
Digital signature and Electronic signature
Digital signature and Electronic signature:-Digital Signatures provide a viable solution for creating legally enforceable electronic records,
closing the gap in going fully paperless by completely eliminating the need to print documents for signing. Digital signatures enable the replacement of slow and expensive paper-based approval processes with fast, low-cost, and fully digital ones. The purpose of a digital signature is the same as that of a handwritten signature.
Instead of using pen and paper, a digital signature uses digital keys (public-key cryptography).Digital signature provides Authentication, Integrity and Non Repudiation.
E-Governance: Chapter III discusses Electronic governance issues and procedures and the legal recognition to electronic records is dealt with in detail in Section 4 followed by description of procedures on electronic records, storage and maintenance and according recognition to the validity of contracts formed through electronic means.
Salient features of IT Act 2000
Applicability & Non-Applicability
According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In order to include Jammu and Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and provides extra-territorial jurisdiction.
Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention committed outside India as well. If the conduct of person constituting the offence involves a computer or a computerized system or network located in India, then irrespective of his/her nationality, the person is punishable under the Act.
Lack of international cooperation is the only limitation of this provision.
Non-ApplicabilityAccording to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents:
Important Section of ITA 2000
|SECTION OFTHE ACT||Offences||PENALTY|
|Section65||Tamperingwith computer source documents.||Imprisonment up to 3 years or a fine of 2 lakh rupees, or both.|
|Section66, Section66A||Hacking & Breach of confidentiality of personal informationas per sec.43 & 43A Sending offensive messages through communication service etc||Imprisonment up to 3 years or a fine up to 5 lakh rupees orboth.(For Hacking, fine is 2 lakh rupees, imprisonmentis 3 years) Imprisonment of 3 years & fine.|
|Section66B||Dishonestlyreceiving stolen resource or communicationdevice||Imprisonmentof 3 years & fine.|
|Section 66C & D||Idetity theft||Imprisonment up to 3 years & fine up to 1 lakh rupees.|
|Section66E||Violationof personal privacy||Imprisonment up to 3 years or fine not exceeding 2 lakh rupeesor with both.|
|Section 67, 67A & B||Publishingor transmitting obscene material in electronic form||Imprisonment term up to 5/7 years and fine up to 10 lakh rupees.|
|Section 67C||Failure to preserve and retain information by intermediaries||Imprisonment for 3 years and fine.|