The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information Technology Act is based on the United Nations Model law on Electronic Commerce 1996 (UNCITRAL Model) which was suggested by the General Assembly of United Nations by a resolution dated on 30th January, 1997. It is the most important law in India dealing with Cybercrime and E-Commerce.
The Parliament of India has passed its first Cyberlaw, the Information Technology Act, 2000 which provides the legal infrastructure for E-commerce in India. The said Act has received the assent of the President of India and has become the law of the land in India.
The main objective of this act is to carry lawful and trustworthy electronic, digital and online transactions and alleviate or reduce cybercrimes. The IT Act has 13 chapters and 90 sections. The last four sections that starts from ‘section 91 – section 94’, deals with the revisions to the Indian Penal Code 1860.
The IT Act, 2000 has two schedules:
- First Schedule –
Deals with documents to which the Act shall not apply.
- Second Schedule –
Deals with electronic signature or electronic authentication method.
The offences and the punishments in IT Act 2000 :
The offences and the punishments that falls under the IT Act, 2000 are as follows :-
- Tampering with the computer source documents.
- Directions of Controller to a subscriber to extend facilities to decrypt information.
- Publishing of information which is obscene in electronic form.
- Penalty for breach of confidentiality and privacy.
- Hacking for malicious purposes.
- Penalty for publishing Digital Signature Certificate false in certain particulars.
- Penalty for misrepresentation.
- Power to investigate offences.
- Protected System.
- Penalties for confiscation not to interfere with other punishments.
- Act to apply for offence or contravention committed outside India.
- Publication for fraud purposes.
- Power of Controller to give directions.
Sections and Punishments under Information Technology Act, 2000 are as follows :
|Section 43||This section of IT Act, 2000 states that any act of destroying, altering or stealing computer system/network or deleting data with malicious intentions without authorization from owner of the computer is liable for the payment to be made to owner as compensation for damages.|
|Section 43A||This section of IT Act, 2000 states that any corporate body dealing with sensitive information that fails to implement reasonable security practices causing loss of other person will also liable as convict for compensation to the affected party.|
|Section 66||Hacking of a Computer System with malicious intentions like fraud will be punished with 3 years imprisonment or the fine of Rs.5,00,000 or both.|
|Section 66 B, C, D||Fraud or dishonesty using or transmitting information or identity theft is punishable with 3 years imprisonment or Rs. 1,00,000 fine or both.|
|Section 66 E||This Section is for Violation of privacy by transmitting image or private area is punishable with 3 years imprisonment or 2,00,000 fine or both.|
|Section 66 F||This Section is on Cyber Terrorism affecting unity, integrity, security, sovereignty of India through digital medium is liable for life imprisonment.|
|This section states publishing obscene information or pornography or transmission of obscene content in public is liable for imprisonment up to 5 years or fine or Rs. 10,00,000 or both.
Topic – Information Technology Act
By Jai Sikand AT LEXCLIQ