(1) This Act
may be called the Information Technology Act, 2000. [As Amended by Information
technology (Amendment) Act 2008]
(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. [Act notified with effect from October 17, 2000. Amendments vide ITAA-2008 notified with effect from....]
(4) (Substituted Vide ITAA-2008) Nothing in this Act shall apply to documents or transactions specified in the First Schedule:
(5) Every
notification issued under sub-section (4) shall be laid before each House of
Parliament
(l) "Computer System" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programs, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
(a) Are reasonably secure from unauthorised access and misuse;
(b) Provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions;
(d) adhere to generally accepted security procedures;
(zf) "Security Procedure" means the security procedure prescribed under section 16 by the Central Government;
(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. [Act notified with effect from October 17, 2000. Amendments vide ITAA-2008 notified with effect from....]
(4) (Substituted Vide ITAA-2008) Nothing in this Act shall apply to documents or transactions specified in the First Schedule:
Provided
that the Central Government may, by notification in the Official Gazette,amend the First Schedule by way of
addition or deletion of entries thereto.
2.
Definitions:-
(1) In this Act, unless the context otherwise requires, -
(a) "Access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
(1) In this Act, unless the context otherwise requires, -
(a) "Access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
(b)
"Addressee" means a person who is intended by the originator to
receive the electronic record but does not include any intermediary;
(c)
"Adjudicating Officer" means adjudicating officer appointed under
subsection (1) of section 46;
(d)
"Affixing Electronic Signature" with its grammatical variations and
cognate expressions means adoption of any methodology or procedure by a person
for the purpose of authenticating an electronic record by means of Electronic
Signature;
(e)
"Appropriate Government" means as respects any matter.-
(i)
Enumerated in List II of the Seventh Schedule to the Constitution;
(ii) Relating to any State law enacted under List III of the Seventh Schedule to the Constitution, The State Government and in any other case, the Central Govt;
(ii) Relating to any State law enacted under List III of the Seventh Schedule to the Constitution, The State Government and in any other case, the Central Govt;
(f)
"Asymmetric Crypto System" means a system of a secure key pair
consisting of a private key for creating a digital signature and a public key
to verify the digital signature;
(g)
"Certifying Authority" means a person who has been granted a license
to issue a Electronic Signature Certificate under section 24;
(h)
"Certification Practice Statement" means a statement issued by a
Certifying Authority to specify the practices that the Certifying Authority
employs in issuing Electronic Signature Certificates;
(ha)
"Communication Device" means Cell Phones, Personal Digital Assistance
(Sic), or combination of both or any other device used to communicate, send or
transmit any text, video, audio, or image. (Inserted Vide ITAA 2008)
(i)
"Computer" means any electronic, magnetic, optical or other
high-speed data processing device or system which performs logical, arithmetic,
and memory functions by manipulations of electronic, magnetic or optical
impulses, and includes all input, output, processing, storage, computer
software, or communication facilities which are connected or related to the
computer in a computer system or computer network;
(j) "Computer Network" means the inter-connection of one or more Computers or Computer systems or Communication device through;
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained;
(j) "Computer Network" means the inter-connection of one or more Computers or Computer systems or Communication device through;
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained;
(k)
"Computer Resource" means computer, communication device, computer
system, computer network, data, computer database or software;
(l) "Computer System" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programs, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
(m)
"Controller" means the Controller of Certifying Authorities appointed
under sub-section (7) of section 17;
(n) "Cyber Appellate Tribunal" means the Cyber Appellate Tribunal established under sub- section (1) of section 48
(n) "Cyber Appellate Tribunal" means the Cyber Appellate Tribunal established under sub- section (1) of section 48
(na)
"Cyber cafe" means any facility from where access to the internet is
offered by any person in the ordinary course of business to the members of the
public.
(nb)
"Cyber Security" means protecting information, equipment, devices,
computer, computer resource, communication device and information stored therein
from unauthorized d access, use, disclosure, disruption, modification or
destruction.
(o)
"Data" means a representation of information, knowledge, facts,
concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has
been processed in a computer system or computer network, and may be in any form
(including computer printouts magnetic or optical storage media, punched cards,
punched tapes) or stored internally in the memory of the computer;
(p)
"Digital Signature" means authentication of any electronic record by
a subscriber by means of an electronic method or procedure in accordance with
the provisions of section 3;
(q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;
(r) "Electronic Form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
(q) "Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;
(r) "Electronic Form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
(s)
"Electronic Gazette" means official Gazette published in the
electronic form;
(t)
"Electronic Record" means data, record or data generated, image or
sound stored, received or sent in an electronic form or micro film or computer
generated micro fiche;
(ta) "Electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes digital signature;
(ta) "Electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes digital signature;
(tb) "Electronic Signature
Certificate" means an Electronic Signature Certificate
issued under section 35 and includes Digital Signature Certificate";
(u)
"Function", in relation to a computer, includes logic, control,
arithmetical process, deletion, storage and retrieval and communication or
telecommunication from or within a computer;
(ua) "Indian Computer Emergency
Response Team" means an agency established under sub- section (1) of
section 70-B;
(v) "Information" includes data, message, text, images, sound, voice, codes, computer programs, software and databases or micro film or computer generated micro fiche;
(w) "Intermediary" with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes;
(v) "Information" includes data, message, text, images, sound, voice, codes, computer programs, software and databases or micro film or computer generated micro fiche;
(w) "Intermediary" with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes;
(x)
"Key Pair", in an asymmetric crypto system, means a private key and
its mathematically related public key, which are so related that the public key
can verify a digital signature created by the private key;
(y)
"Law" includes any Act of Parliament or of a State Legislature,
Ordinances promulgated by the President or a Governor, as the case may be.
Regulations made by the President under article 240, Bills enacted as
President's Act under sub-clause (a)
of clause (1) of article 357 of the Constitution and includes rules,N
regulations, bye-laws and orders issued or made there under;
regulations, bye-laws and orders issued or made there under;
(z)
"License" means a license granted to a Certifying Authority under
section 24;
(za)
"Originator" means a person who sends, generates, stores or transmits
any electronic message or causes any electronic message to be sent, generated,
stored or transmitted to any other person but does not include an intermediary;
(zb)
"Prescribed" means prescribed by rules made under this Act;
(zc)
"Private Key" means the key of a key pair used to create a digital
signature;
(zd)
"Public Key" means the key of a key pair used to verify a digital
signature and listed in the Digital Signature Certificate;
(ze)
"Secure System" means computer hardware, software, and procedure that
(a) Are reasonably secure from unauthorised access and misuse;
(b) Provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions;
(d) adhere to generally accepted security procedures;
(zf) "Security Procedure" means the security procedure prescribed under section 16 by the Central Government;
(zg)
"Subscriber" means a person in whose name the Electronic Signature
Certificate is issued;
(zh)
"Verify" in relation to a digital signature, electronic record or
public key, with its grammatical variations and cognate expressions means to
determine whether –
(a) the initial electronic record was affixed with the digital signature by the use of private key ) corresponding to the public key of the subscriber;
(b) the initial electronic record is retained intact or has been altered since such electronic) record was so affixed with the digital signature.
(a) the initial electronic record was affixed with the digital signature by the use of private key ) corresponding to the public key of the subscriber;
(b) the initial electronic record is retained intact or has been altered since such electronic) record was so affixed with the digital signature.
(2) Any reference in
this Act to any enactment or any provision thereof shall, in relation to an
area in which such enactment or such provision is not in force, be construed as
a reference to the corresponding law or the relevant provision of the
corresponding law, if any, in force in that area.
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