Sections Particulars
Preamble
An Act to provide legal recognition for transactions carried out by means of electronic date interchange and other means of electronic communication, commonly...
Chapter I Preliminary
1 Short title, Extent, Commencement and application
(1) This Act may be called the Information Technology Act, 2000. (2) It shall extend to the whole of India and, save as otherwise provided in this Act, it app...
2 Definitions
(1) In this Act, unless the context otherwise requires,- (a) "access", with its grammatical variation and cognate expressions, means gaining entry into, inst...
Chapter II Digital Signature
3 Authentication of electronic records
– (1) Subject to the provisions of this section, any subscriber may authenticate an electronic record by affixing his digital signature. (2) The authenticati...
Chapter III Electronic Governance
4 Legal recognition of electronic records
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contain...
5 Legal recognition of digital signatures
Where any lay provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signa...
6 Use of electronic records and digital signatures in Government and its agencies
(1) Where any law provides for- (a) the filing of any form, application or any other document with any office authority, body for agency owned or controlled ...
7 Retention of electronic records
(1) Where any law provides that documents, records or information shall be retained for any specific period, the, that requirement shall be deemed to have be...
8 Publication of rule, regulation, etc., in Electronic Gazette
Where any law provides that any rule, regulation, order, bye-law, notification or any6 other matte shall be published in the Official Gazette, then, such requ...
9 Sections 6,7 and 8 not to confer right to insist document should be accepted in electronic form
Nothing contained in section 6, 7 and 8 shall be confer a right upon any person to insist that any Ministry or Department of the Central Government or the Sta...
10 Power to make rules by Central Government in respect of digital signature
The Central Government may, for the purposes of this Act, by rules, prescribe- (a) the type of digital signature; (b) the manner and format in which the digita...
Chapter IV Attribution, Acknowledgement and Dispatch of Electronic records
11 Attribution of electronic records
An electronic record shall be attributed to the originator,- (a) if it was sent by the originator himself; (b) by a person who had the authority to act on beh...
12 Acknowledgement of receipt
(1) Where the originator has not agreed with the addressee that the acknowledgement of receipt of electronic record be given in a particular form or by a part...
13 Time and place of dispatch and receipt of electronic record
(1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resources outs...
Chapter V Secure Electronic records and secure digital signatures
14 Secure electronic record
Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic ...
15 Secure digital signature
If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was – ...
16 Security procedure
 The Central Government shall, for the purpose of this Act, prescribe the security procedure having regard to commercial circumstances prevailing at the time ...
Chapter VI Regulation of Certifying Authorities
17 Appointment of Controller and other officers
(1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may, ...
18 Functions of Controller
The Controller may perform all or any of the following function, namely:- (a) exercising supervision over the activities of Certifying Authorities; (b) certif...
19 Recognition of foreign Certifying Authorities
(1) Subject to such conditions and restrictions as may be specified, by regulations, the Controller may, with the previous approval of the Central Governm...
20 Controller to act as repository
(1) The Controller shall be the repository of all Digital Signature Certificates issued under this Act. (2) The Counter shall- (a) make use of hardware, softw...
21 License to issue Digital Signature Certificates
(1) Subject to the provisions of sub-section (2), any person may make an application to the Controller for a license to issue Digital Signature Certificate...
22 Application for license
(1) Every application for issue of a license shall be in such form as may be prescribed by the Central Government. (2) Every application for issue of a license...
23 Renewal of license
An application for renewal of a license shall be- (a) in such form; (b) accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by ...
24 Procedure for grant or rejection of license
The Controller may, on receipt of an application under sub-section (1) of section 21, after considering the documents accompanying the application and such ot...
25 Suspension of license
(1) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Certifying Authority has- (a) made a statement in, or in re...
26 Notice of suspension or revocation of license
(1) Where the license of the Certifying Authority is suspended or revoked, the Controller shall publish notice of such suspension or revocation, as the case m...
27 Power to delegate
The Controller may, in writing, authorize the Deputy Controller, Assistant Controller or any officer to Controller may, in writing, authorize the Deputy Contr...
28 Power to investigate contraventions
(1) The Controller or any officer authorized by him in this behalf shall take up for investigation any contravention of the provisions of this Act, rules or ...
29 Access to computers and data
(1) Without prejudice to the provisions of sub-section (1) of section 68, the Controller or any person authorized by him shall, if he has reasonable cause to...
30 Certifying Authority to follow certain procedures
Every Certifying Authority shall,- (a) make use of hardware, software, and procedures that the secure from intrusion and misuse; (b) provide a reasonable level...
31 Certifying Authority to ensure compliance of the Act, etc.
Every Certifying Authority shall ensure that every person employed or otherwise engaged by it complies in the course of his employment or engagement, with the...
32 Display of license
Every Certifying Authority shall display its license at a conspicuous place of the premises in which it carries on its business. ...
33 Surrender of license
(1) Every Certifying Authority whose license is suspended or revoked shall immediately after such suspension or revocation, surrender the license to the Cont...
34 Disclosure
– (1) Every Certifying Authority shall disclose in the manner specified by regulations.- (a) Its Digital Signature Certificate which contains the public key ...
Chapter VII Digital Signature Certificates
35 Certifying authority to issue Digital Signature Certificate
(1) Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the ...
36 Representations upon issuance of Digital Signature Certificate
A Certifying Authority while issuing a Digital Signature Certificate shall certify that- it has complied with the provisions of this Act and the rules and reg...
37 Suspension of Digital Signature Certificate
(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signatur...
38 Revocation of Digital Signature Certificate
(1) A Certifying Authority may revoke a Digital Signature Certificate issued by it- where the subscriber or any other person authorized by him makes a request...
39 Notice of suspension or revocation
(1) Where a Digital Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such sus...
Chapter VIII Duties of Subscribers
40 Generating key pair
Where any Digital Signature Certificate the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signatu...
41 Acceptance of Digital Signature Certificate
– (1) A subscriber shall deemed to have accepted a Digital Signature Certificate is the publishes or authorizes the publication of a Digital Signature Certif...
42 Control of private key
(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certi...
43 Penalty for damage to computer, computer system, etc.
If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network,- accesses or secures acc...
44 Penalty for failure to furnish information, return, etc.
If any person who is required under this Act or any rules or regulations made thereunder to- (a) furnish any document, return or report to the Controller or t...
45 Residuary penalty
Whoever contravenes any rules or regulations made under this Act, for the contravention of which no penalty has been separately provided, shall be liable to p...
46 Power to adjudicate
(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, reg...
47 Factors to be taken into account by the adjudicating officer
While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amo...
Chapter X The Cyber Regulations Appellate Tribunal
48 Establishment of Cyber Appellate Tribunal
(1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal. (2) The ...
49 Composition of Cyber Appellate Tribunal
A cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Cyber Appellate Tribunal) to be appointed...
50 Qualifications for appointment as Presiding Officer for the Cyber Appellate Tribunal
A person shall not be qualified for appointment as the Presiding Officer of a Cyber Appellate Tribunal unless he- (a) is, or has been, or is qualified to be, ...
51 Term of office
The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he at...
52 Salary, allowances and other terms and conditions of service of Presiding Officer
The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Presidin...
53 Filling up of vacancies
If, for reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Cyber Appellate Tribunal, then the Central Govern...
54 Resignation and removal
(1) The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office: that...
55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
No order of the Central Government appointing any person as the Presiding Officer of a Cyber Appellate Tribunal shall be called in question in any manner and...
56 Staff of the Cyber Appellate Tribunal
(1) The Central Government shall provide the Cyber Appellate Tribunal with such officers and employees as that Government may think fit. (2) The officers and...
57 Appeal to Cyber Regulations Appellate Tribunal
(1) Save as provided in sub-section (2), any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal...
58 Procedure and powers of the Cyber Appellate Tribunal
(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the p...
59 Right to legal representation
The appellant may either appear in person or authorize one or more legal practitioners or any of its officers to present his or its case before the Cyber Appe...
60 Limitation
The provisions of the Limitation Act, 12963f (36 of 1963), shall, as far as may be, apply to an appeal made to the Cyber Appellate Tribunal. ...
61 Civil court not to have jurisdiction
No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the C...
62 Appeal to High Court
Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communic...
63 Compounding of contraventions
(1) Any contravention under this Chapter may, either before or after the institution of adjudication proceedings, be compounded by the Controller or such oth...
64 Recovery of penalty
A penalty imposed under this Act, if it is not paid shall be recovered as an arrear of land revenue and the license or the Digital Signature Certificate, as ...
Chapter XI Offences
65 Tampering with computer source documents
Whoever knowingly or intentionally conceals, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer ...
66 Hacking with Computer system
(1) Whoever with the intent of cause or knowing that is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters a...
67 Publishing of information which is obscene in electronic form
Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest or if it...
68 Power of the Controller to give directions
(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities ...
69 Directions of Controller to a subscriber to extend facilities to decrypt information
(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the S...
70 Protected system
(1) The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected ...
71 Penalty for misrepresentation
Whoever makes any misrepresentation, to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital...
72 Breach of confidentiality and privacy
Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this...
73 Penalty for publishing Digital Signature Certificate false in certain particulars
– (1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that- (a) the Certifying ...
74 Publication for fraudulent purpose
Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished wi...
75 Act to apply for offence or contravention committed outside India
(1) Subject to the provision of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any p...
76 Confiscation
– Any computer, computer system, floppies, compact disks, tape drives or nay other accessories related thereto, in respect of the if which any provision of t...
77 Penalties and confiscation not to interfere with other punishments
No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable un...
78 Power to investigate offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Deputy Superintendent of Pol...
Chapter XII Network service providers not to be liable in certain cases
79 Network service providers not to be liable in certain cases
For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or ...
Chapter XIII Miscellaneous
80 Power of police officer and other officers to enter, search, etc.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 any police officer, not below the rank of a Deputy Superintendent of Police or...
81 Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything consistent therewith contained in any other law for the time being in force. ...
82 Controller, Deputy Controller and Assistant Controllers to be public servants
The Presiding Officer and other officer and employees of a Cyber appellate Tribunal, the Controller, the Deputy Controller and the Assistant Controllers shall...
83 Power to give directions
The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of a...
84 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State government, the Controller or any person acting on behalf ...
85 Offences by companies
– (1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every p...
86 Removal of difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make suc...
87 Power of Central Government to make rules
– (1) The Central Government may, by notification in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act. ...
88 Constitution of Advisory Committee
(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committe...
89 Power of Controller to make regulations
(1) The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notific...
90 Power of State Government to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prej...
91 Amendment of Act 45 of 1860
The Indian Penal Code shall be amended in the manner specified in the First Schedule to this Act. ...
92 Amendment of Act 1 of 1872
The Indian Evidence Act, 1872 shall be amended in the manner specified in the Second Schedule to this Act. ...
93 Amendment of Act 18 of 1891
The Bankers’ Books Evidence Act, 1891 shall be amended in the manner specified in the Third Schedule to this Act. ...
94 Amendment of Act 2 of 1934
The Reserve Bank of India Act, 1934 shall be amended in the manner specified in the Fourth Schedule to this Act. ...
Schedules
Schedule 1 Amendments to the Indian Penal Code
1. After section 29, the following section shall be inserted, namely:- "29 A. Electronic record.- The words "electronic record" shall have the meaning as...
Schedule 2 Amendments to the Indian Evidence Act, 1872
1. In section 3,- (a) in the definition of "Evidence’, for the words "all document produced for the inspection of the Court", the words "all documents inc...
Schedule 3 Amendments to the Bankers' Books Evidence Act, 1891
1. In section2,- (a) for clause (3), the following clause shall be substituted, namely:- (3) "bankers" books "include ledgers, day-books, accounts-books a...
Schedule 4 Amendments to the Reserve Bank of India Act, 1934
In the Reserve Bank of India Act, 1934 in section 58, in sub-section (2), after clause (p), the following clause shall be inserted, namely:- "(pp) the reg...
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