Objectives of the Act

Let us know about the objectives of the Act. 

1. The Information Technology Act of 2000 legitimises collective actions using electronic
information sharing, alternative electronic means of communication, or electronic
commercial transactions. This also includes using alternatives to paper-based
communication and knowledge storage to make electronic filing of papers with government
bodies more convenient. The Indian legal code 1860, the Indian proof Statute 1872, the
Bankers' Books proof Act 1891, and the Bank of India Act 1934 were also altered by this act.
The following are the Act's objectives:
2. Give legal recognition to any or all transactions that are conducted by electronic exchange
of information or other electronic means of communication or e-commerce, as opposed to
the earlier paper-based method of communication. Offer legal recognition to digital
signatures for the authentication of any data or matters requiring legal authentication
3. Allow digital signatures to be legally recognised for the authentication of any data or
matters that require legal verification.

4. Make electronic filing of papers with government offices and departments easier.

5. Make it easier to save information electronically.

6. Provide legal authorization while also facilitating electronic payments transfers between
banks and money institutions.

7. Grant legal approval to bankers for maintaining electronic books of accounts under the
proof Act of 1891 and the Bank of India Act of 1934.

Features of the Information Technology

Act, 2000
We'll look at the aspects of the Information Technology Act in this section. The following are
the details:

• Every electronic contract formed using secure electronic channels was legally binding.

• Digital signatures are legally recognised.

• Electronic records have security protections in place, as well as digital signatures. The
procedure for appointing adjudicating officials to conduct inquiries under the Act has been
completed.
• Under the Act, there is a provision for creating a Cyber restrictive Appellant judicature.
Furthermore, this judicature can handle any appeals filed against the Controller's or
Adjudicating Officer's orders. • It appeals against the Cyber Appellant's order are only
possible inside the court.
• Digital Signatures make use of a mixed cryptosystem as well as a hash function.
• The Controller of Certifying Authorities (CCA) will be appointed to licence and control the
operation of Certifying Authorities. The Controller is the central location for all digital
signatures.
• The Act covers offences and violations committed outside of India.
• Without a warrant, senior law enforcement officials and substitute officers will enter any
public location and search and arrest anyone.
• Provisions for the establishment of a Cyberlaws Advisory Committee to advise the Central.

Applicability and Non-Applicability of

the Act- Government and Controller
Applicability

The Act, according to Section 1 (2), applies to the entire nation, which includes Jammu and
the geographical region, as it is based on Article 253 of the constitution. Furthermore,
citizenship is not taken into account, and extraterritorial jurisdiction is granted.

The Act extends to any act or dispute committed outside of India, according to Section 1 (2)
next to Section 75. If the behaviour of people that constitutes the infraction includes a
laptop, a processing system, or a network located in India, the individual is punishable under
the Act, regardless of his or her rank.

The only drawback of this provision is a lack of international collaboration.

Non-Applicability
The Act does not apply to the following materials, according to Section 1 (4) of the
Knowledge Technology Act of 2000:
• Except for cheques, execution of instruments under the Negotiable Instruments Act of
1881.
• Execution of professional influence under the Powers of Professional Act of 1882.
• Establishment of a trust under the Indian Trust Act of 1882.
• The execution of a will under the Indian Succession Act of 1925, as well as the disposal of
any other legal instrument by whatever name.
• Entering into a contract for the sale or conveyance of real estate or any interest in real
estate.
• Any other category of papers or transactions that the Central Government has also
published in the Gazette.

What are the New Changes in the Act? –

Amendments in the Act
In 2008, a significant change was made. Under this legislation, it has enacted Section 66A,
which makes it illegal to send "offensive remarks." It also included Section 69, which allowed
for the possibility of interception or surveillance. The amendment was passed on December
22, 2008, with no debate in the Lok Sabha (Lower House). It was sent to the Rajya Sabha on
subsequent days. President Pratibha Patil signed it into law on February 5, 2009.

Impact of IT Act 2000 on Electronic

Media
Our lives have changed dramatically since the internet's inception. It has improved our lives
by allowing us to communicate more effectively, travel more quickly, and store enormous
amounts of electronic data in tiny areas. People from all walks of life are increasingly
utilising computers to generate, store, and communicate information in electronic form
rather than paper documents. The internet has progressed over decades, and every day, a
new technological advancement is made. "The internet has brought communities
throughout the globe closer together via rapid connection," Mike Fitzpatrick remarked. A
single button can open numerous doors; a large amount of data can be accessed from a
single location.

The origination of the internet has brought massive change in our lives. It has made our lives
better by introducing a better way of communication, faster transit and also storage of
electronic data in large quantities in small spaces. People from diverse fields are enormously
using the computers to create, store and transmit information in the electronic form instead
of the documents, papers. The internet has evolved in decades, and every day, a new
change in technology has been taking place. Mike Fitzpatrick said, “The internet has brought
communities across the globe closer together through instant communication.” A single
button can grab many opportunities; a broad scope of data can be accessed by just sitting at
one place. The information across can the world can be accessed in a minute, making the
internet, a global library. Internet was once used for only military purposes, but now, it has
brought a radical change in our lives.

In the era of technology, new crimes have emerged as a result of our increasing reliance on
the internet. People are abusing technology to the point of causing harm to others. Because
of the increased speed of communication, there is a need for a legislation to safeguard
people. "First and foremost, our focus on security is on the infrastructure itself," stated John
W Thompson. So it's all about how you safeguard the server's network, device, and
application." In 1998, the Indian Parliament prepared the E-Commerce Act, which was then
redrafted as the 'Information Technology Bill, 1999,' which was eventually enacted in 2000.

The IT Act's goal is to give legal status to legal transactions, electronic data interchange,
electronic commerce transactions, and other forms of communication. When it comes to
electronic media, such as computers, television, social media, and telephones, this Act
covers a wide range of topics. If the accused offender tries to infect a computer with a virus.

PROVISIONS
The first law addressing technology, computers, e-commerce, and electronic
communication was the Information Technology Act of 2000. There are a total of 13
chapters and 90 provisions in the Act. The revisions to the Indian Penal Code 1860, the
Indian Evidence Act 1872, the Bankers' Books Evidence Act 1891, and the Reserve Bank of
India Act 1934 are dealt with in sections 91 to 94. The Act includes chapters on electronic
record authentication, electronic signatures, and other topics.
Several amendments have been made to various laws to give effect to the IT Act, such as the
admissibility of electronic records as evidence, the Presumption as to Digital Signature
Certificates, and so on. In the Indian Penal Code, provisions relating to digital signatures and
electronic records have been added.

Let's have a look at some frequent cyber-crime scenarios that might lead to conviction
under the IT Act 2000 (as modified in 2008) Act's fines and crimes. This will provide a brief
explanation of the offence as well as the circumstances under which it can be committed:

Harassment using a fake public profile on a social networking site:

A fake public profile of a person is made on a social networking site with the right location,
residence information, or contact data, but he or she is labelled as a "prostitute" or a "loose
character." As a result, the victim is harassed. Sections 66A and 67 of the Information
Technology Act, as well as Section 509 of the Indian Penal Code, are applicable.

 Online Hate Community:

An online hate community is formed when a religious group is incited to act or make
offensive statements about a country, national personalities, or other topics. Section 66A of
the IT Act, as well as sections 153A and 153B of the Indian Penal Code, are applicable.

 Email Account Hacking:

If a victim's email account is hacked and obscene emails are sent to persons in the victim's
address book, this is known as email account hacking. Provisions that apply: - IT Act sections
43, 66, 66A, 66C, 67, 67A, and 67B.

 Credit Card Fraud:

Unwitting victims would conduct online transactions on compromised machines. Sections
43, 66, 66C, and 66D of the IT Act, as well as section 420 of the IPC, are applicable.

 Web Defacement:
A pornographic or defamatory page replaces the homepage of a website. On significant
days, government websites are frequently targeted by hackers. Sections 43 and 66 of the IT
Act, as well as Sections 66F, 67, and 70 of the IT Act, apply in some instances.

 Introducing Viruses, Worms, Backdoors, Rootkits, Trojans, Bugs:

All of the malware listed above are harmful programmes that are designed to destroy or
obtain access to electronic data. Sections 43, 66, and 66A of the Information Technology
Act, as well as Section 426 of the Indian Penal Code, are applicable.

 Cyber Terrorism:

For hiding information and records of their unlawful activity, many terrorists employ virtual
(GDrive, FTP sites) and physical storage devices (USBs, hard drives). Provisions that apply:
Traditional terrorist legislation, as well as Section 69 of the IT Act, may apply.

 Source Code Theft:

A company's source code is usually its most valued and significant "crown jewel" asset.
Sections 43, 66, and 66B of the IT Act, as well as Section 63 of the Copyright Act, are
relevant.

 Tax Evasion and Money Laundering:

Money launderers and persons engaged in unlawful business operations use both virtual
and physical actions to conceal their identities. Income Tax Act and Prevention of Money
Laundering Act are both applicable. Depending on the circumstances, the IT Act may apply.

 Online Share Trading Fraud:

Investors must now link their DEMAT accounts to their internet banking accounts, which are
frequently accessed without authorization, resulting in share trading fraud. Sections 43, 66,
66C, and 66D of the IT Act, as well as Section 420 of the IPC, are applicable.

LIMITATIONS OF IT ACT
Because of the rise in cybercrime, the Indian government recognised the challenges faced
by internet users, and the IT Act was enacted to protect their interests. The government has
issued a number of notices to change the legislation, however the following concerns have
yet to be addressed.

1. Spam is an unwanted e-mail communication that is the electronic equivalent of junk mail
delivered by the postal service. The receivers of the email have no prior business or personal
contact with the sender. Unsolicited Bulk Email ("UBE") or Unsolicited Commercial Email
("UCE") is sent without the recipient's permission or request. In India, there is no specific
anti-spam legislation that applies to UCE/UBE. The Spam Act of 2003 in Australia prohibits
all unsolicited commercial electronic messages and requires that all commercial emails
include complete sender information and a functional unsubscribe facility, whereas CAN-
SPAM in the United States does not outright prohibit all UCE, but rather regulates it by
prohibiting header information that is materially false or misleading. Any email
communication that causes irritation or trouble, or is meant to deceive or mislead the
receiver about the origin of such a message, is punished under the 2008 amendment.

2. Customer transaction integrity: Data integrity refers to data that has not been tampered
with while retaining correctness and consistency. It's not the same as data security or denial
of service. Data modification by malicious programmes or individuals can frequently
generate more significant issues than data confidentiality. The IT Act of 2000, Section 43,
makes provision for illegal access, but nothing is written concerning a bank's transaction
integrity. There is a guideline for maintaining transaction integrity, but no formal regulation.
It is also not regarded as a criminal offence. Many countries, on the other hand, have
legislation in place to ensure transaction integrity.

3. Pornography: The IT Act of 2000 forbids the publication of obscene material, but there
have been no considerations or laws regarding the viewing of such information. Browsing of
child pornography is only criminal under Section 67 B of the 2008 Amendment.

Nothing has been said about looking at adult pornography. However, under Section 63 of
the Criminal Justice and Immigration Act 2008, possession of "extreme pornographic
pictures" is a crime in the United Kingdom.

4. Phishing is a criminally fraudulent technique that involves impersonating a trustworthy

entity in an electronic connection in order to get sensitive information such as usernames,
passwords, and credit card numbers. Phishing was mentioned in the Parliament while
addressing the "Objects and Reasons of ITAA-2006" for the law enacted in 2008. However,
there is no particular protection against phishing as of yet. To fight this fraudulent conduct,
the United States has enacted "The Anti-Phishing Act of 2005," which is "a measure to
punish Internet schemes involving illegally collecting personal information, popularly known
as phishing." As a result, it enables law enforcement officers to combat phishing frauds by
allowing them to prosecute before the real fraud occurs.
Offences under Information Technology
Act, 2000
Section 43 – Penalty for Damages
On a lighter side, anybody who damages the owner's or any other person-in-computer
charge's (or network) will be obliged to pay a penalty and compensation to the individual
who was harmed.
Section 44 – Documentation and Reporting
• Anyone who fails to provide the controller or certifying authority with the appropriate
papers, returns, or reports would be subject to a penalty of up to INR 1,50,000.
• If a person fails to provide any information, books, or other papers within the stipulated
time limit, he or she will be fined INR 5,000 each day of non-compliance.
• If a person fails to keep accurate books of accounts or other records, he or she would be
fined INR 10,000 each day.

Section 65: Any person who tampers, conceals, destroys, or alters any computer source
material knowingly faces a fine of up to Rs.2,00,000/- or a sentence of up to 3 years in jail,
or both.

Section 66: Any individual who does a dishonest or fraudulent act as described in

If he violates Section 43, he may face a fine of up to Rs.5,00,000/- or a sentence of up to 3

years in jail, or both.

Section 66B: Any person who obtains or keeps any stolen computer resource or
communication equipment dishonestly or fraudulently will be subject to a penalty of up to
Rs. 1,00,000/-, or to imprisonment for up to three years, or both.

Section 66C: Any person who uses another person's Electronic Signature, Password, or any
other Unique Identification Feature dishonestly or fraudulently is liable to a fine of up to Rs.
1,00,000/-, or to imprisonment for up to 3 years, or both.

Section 66D: Any person who cheats by personating dishonestly or fraudulently using any
communication device or computer resource is liable to a fine of up to Rs. 1,00,000/-, or to
imprisonment for up to 3 years, or both.

Section 66E: If a person willfully photographs, publishes, or transmits an image of a person's

private region without their agreement, he may be fined up to Rs.2,00,000/- or imprisoned
for up to 3 years, or both.

Section 66F: Any person who acts electronically or with the use of a computer with the aim
to endanger India's unity, integrity, security, or sovereignty is punished by life
imprisonment.
Section 67: Any person who publishes or transmits in electronic form any material that
appeals to prurient interest, or whose effect is such that it tends to deprave and corrupt
persons who are likely to read, see, or hear matter contained in it, shall be liable to a fine of
up to Rs.5,00,000/-, or to imprisonment for up to 3 years, or both. In the event of a second
or subsequent conviction, he might face a fine of up to Rs.10,000/-, or a sentence of up to 5
years in jail, or both.

Section 67A: Any person who publishes or transmits in electronic form any content
containing sexually explicit acts or behaviour is liable to a fine of up to Rs.10,000/- or a
sentence of up to 5 years in jail, or both. In the event of a second or subsequent conviction,
he might face a fine of up to Rs.10,000/-, or a sentence of up to seven years in jail, or both.

Section 68: 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 as specified in the
order if those measures or activities are necessary to ensure compliance with the provisions
of this Act, rules, or regulations made thereunder, and any person who intentionally or
knowingly fails to comply with the order shall be liable to a penalty of up to Rs.1,00,000/- or
imprisonment for up to two years.

Section 69: Directions of the Controller to a subscriber to extend decryption facilities: - If the
Controller is satisfied that it is necessary or expedient to do so in the interest of India's
sovereignty or integrity, the security of the State, friendly relations with foreign States, or
public order, or to prevent incitement to the commission of any cognizable offence; by
order, direct any agency of the Government to intercept

- When any agency instructed under subsection (1) requests it, the subscriber or any person
in charge of the computer resource must provide all facilities and technical support to
decrypt the information.

- Any subscriber or person who fails to help the agency referred to in paragraph (2) is
subject to a sentence of imprisonment of up to seven years.

Section 70: The appropriate government may declare any computer resource that directly
or indirectly affects the facility of Critical Information Infrastructure to be a protected
system by notification in the Official Gazette. Any person who fails to comply with the
notification is liable to ten years in prison and a fine (amount of fine is not specified in the
act).

Section 71: Whoever makes any misrepresentation to, or conceals any material fact from,
the Controller or the Certifying Authority for the purpose of obtaining any License or
Electronic Signature Certificate, as the case may be, is liable to a fine of up to Rs.1,00,000/-,
or to imprisonment for up to two years, or both.

Section 72: Any person who has secured access to any electronic record, book, register,
correspondence, information, document, or other material without the consent of the
person concerned discloses such electronic record, book, register, correspondence,
information, document, or other material to any other person is liable to a fine of up to
Rs.1,00,000/-, or to imprisonment for up to two years, or both.

Section 72A: Any person who obtains access to any material containing personal
information about another person with the intent to cause or knowing that he is likely to
cause wrongful loss or gain discloses it without the consent of the person concerned, or in
violation of a lawful contract, is liable to a fine of up to Rs.5,00,000/-, or to imprisonment for
up to three years, or both.
Section 73: Any person who publishes an Electronic Signature Certificate or makes it
available to anyone else with the knowledge that the Certifying Authority has not issued it,
the Subscriber has not accepted it, or the Certificate has been revoked or suspended is liable
to a fine of up to Rs. 1,00,000/-, or both.

Section 74: Any person who intentionally develops, publishes, or otherwise makes
accessible an Electronic Signature Certificate for any fraudulent or criminal purpose faces a
fine of up to Rs. 1,00,000/- or a sentence of up to 2 years in jail, or both.
Section 75: If a person commits an offence or contravention outside of India and the act or
conduct constituting the offence or contravention involves a computer, computer system, or
computer network located in India, the provisions of this Act apply to any offence or
contravention committed outside of India by any person, regardless of nationality.

Section 76: Any computer, computer system, floppies, compact discs, tape drives, or other
accessories linked thereto that have been, or are being, used in violation of any provision of
this Act, rules, orders, or regulations imposed thereunder, is subject to seizure. Only the
person in default will be arrested if it is proven that such resources were not utilised to
conduct fraud.

Section 77 Penalties or confiscations do not exclude the imposition of other punishments:

No penalty or confiscation imposed under this Act precludes the imposition of any other
punishment to which the person affected is subject under any other legislation in effect at
the time.

The aforementioned provision has a required condition that specifies that the penalties or
confiscation will not interfere with any other punishments that the person affected is
subject to under any other legislation in effect at the time.

Section 78. Power to investigate offences:

Notwithstanding anything in the Code of Criminal Procedure, 1973, any crime under this Act
shall be investigated by a police officer not below the level of Deputy Superintendent of
Police.

The offence will be investigated by a police officer with at least the rank of Deputy
Superintendent of Police.