Indian Information Act 2000

INDIAN INFORMATION INFORMATION ACT 2000  New communication communication systems and and digital technology technology have made dramatic dramatic changes in in way of transacting transacting business. Use of computers to create, transmit and store information is increasing. Computer has many advantages in ecommerce. It is difficult to shift business from paper to electronic form due to two legal hurdles - (a) e!uirements as to writing and (b) "ignature for legal recognition. #any legal provisions assume paper based records and documents and signature on paper.

 The General General Assembly of the United Nations Nations by resolution resolution dated dated the 0th !anuary" !anuary" #$$% ado&ted the Model 'a( on )le*troni* )le*troni* Commer*e and re*ommended re*ommended that all +tates should ,i-e fa-ourable *onsideration to the Model 'a( (hen they ena*t or re-ise their la(s. $he Information $echnology $echnology %ct has been passed to give effect to the UN resolution and to promote efficient delivery of &overnment services by means of reliable electronic records.

As &er &reamble to the A*t" the &ur&ose of A*t is /a to &ro-ide le,al re*o,nition for transa*tions *arried out by means of ele*troni* data inter*han,e and other means of ele*troni* *ommuni*ation" *ommonly referred to as 1ele*troni* *ommer*e1" (hi*h in-ol-e the use of alternati-es alternati-es to &a&erbased &a&erbased methods of *ommuni*ation and stora,e of information and /b to fa*ilitate ele*troni* ele*troni* 3lin, of do*uments (ith the Go-ernment a,en*ies.   $he %ct came into effect on '.'.*.  The A*t does does not a&&ly to 4 (a) a ne,otiable instrument as de3ned in se*tion # of the Ne,otiable Instruments A*t" e5*e&t *he6ue (b) a &o(erofattorney as de3ned in se*tion #A of the 7o(ersofAttorney A*t /* a trust as de3ned in se*tion  of the Indian Trusts A*t (d) a (ill as de3ned in se*tion 2/h of the Indian +u**ession A*t" in*ludin, any other testamentary dis&osition by (hate-er name *alled (e) any *ontra*t for the sale or *on-eyan*e of immo-able &ro&erty or any interest in su*h &ro&erty (f) any su*h *lass of do*uments or transa*tions as may be noti3ed by the Central Go-ernment in the O8*ial Ga9ette. Ga9ette.   +roadly, documents which are re!uired to be stamped are ept out of the provisions of the %ct. Overview of the Act   - $he %ct provides for -  lectronic contracts will be legally valid  /egal recognition of digital signatures  0igital signature to be effected by use of asymmetric crypto system and hash function  "ecurity  procedure for electronic electronic records and and digital signature signature  %ppointment %ppointment of Certifying %uthorities %uthorities and Controller Controller of Certifying %uthorities, %uthorities, including recognition of foreign Certifying %uthorities %uthorities  Controller to act as repository of all digital signature certificates  Certifying authorities to get /icense to issue digital signature certificates  1arious arious types of computer crimes defined and stringent penalties provided under the %ct  %ppointment of %d2udicating %d2udicating 3fficer for holding in!uiries under the %ct  stablishment of Cyber %ppellate $ribunal under the %ct  %ppeal from order of %d2udicating 3fficer 3fficer to Cyber %ppellate $ribunal $ribunal and not to any Civil Court  %ppeal from order of Cyber %ppellate %ppellate $ribunal to 4igh Court  %ct to apply for offences or contraventions committed outside India   Networ service service providers not to be liable in in certain cases  5ower of police police officers officers and other officers officers to enter enter into any public place and search and arrest without warrant  Constitution of Cyber egulations %dvisory %dvisory Committee who will advice the Central &overnment and Controller What does IT Act enable? - T he

Information $echnology %ct enables6 /egal recognition to lectronic $ransaction 7 ecord  8acilitate lectronic lectronic Communication by means of reliable electronic record  %cceptance of contract e9pressed by electronic means  8acilitate lectronic Commerce and lectronic 0ata interchange  lectronic &overnance  8acilitate electronic filing of documents  etention of documents in electronic form  :here the law re!uires the signature, digital signature satisfy the re!uirement  Uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records or documents  5ublication of official ga;ette in the electronic form  Interception of any message transmitted in the electronic or encrypted form  5revent Computer Crime, forged electronic records, international alteration of electronic records fraud, forgery or falsification in lectronic Commerce and electronic transaction.

INDIAN INFORMATION INFORMATION ACT 2000 DIGITAL SIGNATURE - Any subscriber may authenticate an electronic record by affixin his diital sinature! "section #$%&'! (Subscriber) means a *erson in +hose name the Diital Sinature ,ertificate is issued! "section $%&$.&'! )Diital Sinature ,ertificate) means a Diital Sinature ,ertificate issued under section #/$0& "section $%&$1&'!

1Di,ital si,nature1 means authenti*ation of any ele*troni* re*ord by a subs*riber by means of an ele*troni* method or &ro*edure in a**ordan*e (ith the &ro-isions of se*tion . :se*tion 2/#/&;. 1A85in, di,ital si,nature1 (ith its ,rammati*al -ariations and *o,nate e5&ressions means ado&tion of any methodolo,y or &ro*edure by a &erson for the &ur&ose of authenti*atin, authenti*atin, an ele*troni* re*ord by means of di,ital si,nature. :se*tion 2/#/d;.  Authentication of records  records  The authenti*ation of the ele*troni* re*ord shall be e;.  The idea is similar to lo*=er =ey =ey in a ban=. ban=. ?ou ?ou ha-e your @&ri-ate =ey =ey (hile ban= mana,er mana,er has @&ubli* =ey. The lo*=er does not o&en unless both the =eys *ome to,ether mat*h. Electronic records acceptable unless specic provision to contrary  contrary  - Bhere any la( &ro-ides that information information or any other matter shall be in (ritin, or in the ty&e(ritten or &rinted form" then" not(ithstandin, anythin, *ontained in su*h la(" su*h re6uirement shall be deemed to ha-e been satis3ed if su*h information or matter is  /a rendered or made a-ailable in an ele*troni* form and (b) a**essible a**essible so as to be usable for a subse6uent referen*e. :se*tion >;.   Unless there is s&e*i3* &ro-ision in la( to *ontrary" ele*tri* re*ord or ele*troni* return return is a**e&table.   +oon" it (ill be &ossible to submit a&&li*ations" a&&li*ations" in*ome ta5 returns and other returns throu,h internet. D)7ARTM)NT OR MINI+TR? CANNOT ) COM7)'')D TO ACC)7T )')CTRONIC R)CORD  +e*tion E ma=es it *lear that no de&artment or ministry *an be *om&elled to a**e&t a&&li*ation" return return or any *ommuni*ation in ele*troni* ele*troni* form. Legal recognition of digital signatures - Bhere any la( &ro-ides that information or any other matter shall be authenti*ated by a85in, the si,nature or any do*ument shall be si,ned or bear the si,nature si,nature of any &erson then" not(ithstandin, anythin, *ontained in su*h la(" su*h re6uirement shall be deemed to ha-e been satis3ed" if su*h information or matter is authenti*ated by means of di,ital si,nature a85ed in su*h manner as may be &res*ribed by the Central Go-ernment.   1+i,ned1" (ith its ,rammati*al -ariations and *o,nate e5&ressions" shall" (ith referen*e to a &erson" mean a85in, of his hand (ritten si,nature or any mar= on any do*ument and the e5&ression 1si,nature1 shall be *onstrued a**ordin,ly. :se*tion ;. Secure digital signature - If" by a&&li*ation of a se*urity &ro*edure a,reed to by the &arties *on*erned" it *an be -eri3ed that a di,ital si,nature" at the time it (as a85ed" (as  /a uni6ue to the subs*riber a85in, it (b) *a&able of identifyin, su*h subs*riber /* *reated in a manner or usin, a means under the e5*lusi-e *ontrol of the subs*riber and is lin=ed to the ele*troni* re*ord to (hi*h it relates in su*h a manner that if the ele*troni* re*ord (as

INDIAN INFORMATION INFORMATION ACT 2000 altered the di,ital si,nature (ould be in-alidated"   then su*h di,ital si,nature shall be deemed to be a se*ure di,ital si,nature. :se*tion #;. Certifying digital signature  - The diital sinature +ill be certified by 2,ertifyin Authority3! Authority3! The 2certified authority3 +ill be licensed4 su*er5ised and controlled by 2,ontroller of ,ertifyin Authorities3! Authorities3!