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Information Technology Act 2000- An overview, Scope

& Provision

Sanjay P. Thorat
VirendraKumar Ajagekar
Yogesh Dhepe
Swapnil Bedekar
OVERVIEW

DIGTIL SIGNATURE

ELECTRONIC GOVERNACE

SCOPE

PROVISION
OVERVIEW
. An Act to provide legal recognition for the transactions
carried our 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 , to facilitate
electronic filings of documents with the Government
agencies and further to amend the Indian Penal Code,
Indian Evidence Act, 1872.
IT Act, 2000
• Enacted on 17th May
2000- India is 12th
nation in the world to
adopt cyber laws
• IT Act is based on
Model law on e-
commerce adopted by
UNCITRAL
To provide legal recognition for transactions:-

• Carried out by means of electronic data interchange,


and other means of electronic communication,
commonly referred to as "electronic commerce“

• To facilitate electronic filing of documents with


Government agencies and E-Payments

• To amend the Indian Penal Code, Indian Evidence


Act,1872, the Banker’s Books Evidence Act
1891,Reserve Bank of India Act ,1934
DIGITAL SIGNATURE
Digital signature means authentication of any
electronic record by means of an electronic method or
procedure.
Contents of DIGITAL SIGNATURE
Serial Number
Signature Algorithm Identifer
Issuer Name
Validity period of the Digital Signature Certificate
Name of the Subscriber
Public Key Information of the subscriber
ELECTRONIC GOVERNANCE

Electronic Governance is recognition by


Government to accept communication, storage of
information, acceptance of digital signatures in
electronic forms and retention of electronic
records and giving it is a legal sanctity.

 Electronic forms means any information


generated, sent, received or stored in media,
magnetic, optical, computer memory, micro films.
SCOPE
• (a) a negotiable instrument (Other than a cheque) as
defined in section 13 of the Negotiable Instruments
Act, 1881;

• (b) a power-of-attorney as defined in section 1A of


the Powers-of-Attorney Act, 1882;

• (c) a trust as defined in section 3 of the Indian Trusts


Act, 1882;
• (d) a will as defined in clause (h) of section 2 of the
Indian Succession Act, 1925 including any other
testamentary disposition

• (e) any contract for the sale or conveyance of


immovable property or any interest in such property;

• (f) any such class of documents or transactions as


may be notified by the Central Government
PROVISIONS
• Section 16- Central Government to prescribe security
procedures

• Sec 17 to 34- Appointment and Regulation of Controller


and certifying authority

• Sec 35 to 39- Obtaining DSC

• Sec 40 to 42- Duties of Subscriber of DSC- exercise due


care to retain the private key
• If Originator has not specified particular method- Any
communication automated or otherwise or conduct to
indicate the receipt

• If specified that the receipt is necessary- Then unless


acknowledgement has been received Electronic Record
shall be deemed to have been never sent.

• Where acknowledgement not received within time


specified or within reasonable time the originator may give
notice to treat the Electronic record as though never sent
THANK
YOU

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