It 2002
It 2002
It 2002
What is the necessity for such a law? Society is becoming increasingly technology-oriented. Nothing moves without the aid of computers and telecommunications, these days. As part of the National Information Technology Policy (NITP), the Government wants to deal with the citizens electronically. Lot of developments are taking place in regard to E-Commerce and EBusiness in India. To avoid any legal complications or litigations in such financial transactions, the Government had felt the need for Cyber Laws. Banking is going to change a lot with the advent of this Act. It has ushered in a lot of transformation in Banking.
Information technology is one of the important law relating to Indian cyber laws. It had passed in Indian parliament in 2000. This act is helpful to promote business with the help of internet. It also set of rules and regulations which apply on any electronic business transaction.
Due to increasing crime in cyber space, Govt. of India understood the problems of internet user and for safeguarding the interest of internet users, this act was made.
1. It is objective of I.T. Act 2000 to give legal recognition to any transaction which is done by electronic way or use of internet.
2. To give legal recognition to digital signature for accepting any agreement via computer.
3. To provide facility of filling document online relating to school admission or registration in employment exchange.
4. According to I.T. Act 2000, any company can store their data in electronic storage.
6. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form.
7. To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime.
Scope
Every electronic information is under the scope of I.T. Act 2000 but following electronic transaction is not under I.T. Act 2000
1. Information technology act 2000 is not applicable on the attestation for creating trust via electronic way. Physical attestation is must.
2. I.T. Act 2000 is not applicable on the attestation for making will of any body. Physical attestation by two witnesses is must.
4. Attestation for giving power of attorney of property is not possible via electronic record.
Highlights the main chapters of I.T. Act 2000 or its main provisions:-
There are 13 chapters in law and all provision is included in this chapters.
1. Chapter II
Any contract which is done by subscriber. If he signs the electronic agreement by digital signature. Then it will be valid.
In case bank, the verification of digital signature can be on the basis of key pair.
2. Chapter III
This chapter explains the detail that all electronic records of govt. are acceptable unless any other law has any rules regarding written or printed record.
3. Chapter IV
This chapter deals with receipts or acknowledgement of any electronic record. Every electronic record has any proof that is called receipt and it should be in the hand who records electronic way.
4. Chapter V
This chapter powers to organization for securing the electronic records and secure digital signature. They can secure by applying any new verification system.
5. Chapter VI
This chapter states that govt. of India will appoint controller of certifying authorities and he will control all activities of certifying authorities.
6. Chapter VII
In this chapter powers and duties of certifying authority is given. Certifying authority will issue digital signature certification after getting Rs. 25000. If it is against public interest, then C.A. can suspend the digital signature certificate.
7. Chapter VIII
This chapter tells about the duties of subscribers regarding digital signature certificate . It is the duty of subscriber to accept that all information in digital signature certificate that is within his knowledge is true .
8. Chapter IX
If any body or group of body damages the computers , computer systems and computer networks by electronic hacking , then they are responsible to pay penalty uptoRs. 1 crore . Fore judgment this , govt. can appoint adjucating officer .
9. Chapter X
Under this chapter, cyber regulation appellate tribunal can be established. It will solve the cases relating to orders of adjudicating officers.
10. Chapter XI
For controlling cyber Crime, Govt. can appoint cyber regulation advisory committee who will check all cyber crime relating to publishing others information. If any fault is done by anybody, he will be responsible for paying Rs. 2 lakhs or he can get punishment of 3 years living in jail or both prison and penalty can be given to cyber criminal.
Police officers have also power to investigate dangerous cyber crime under IPC 1860 , Indian Evidence Act 1872 and RBI Act 1934 .
Email is valid
Above all things validity in eye of Indian law is very necessary. After making IT act 2000 , all above things are valid and these things are very helpful to promote e-commerce in India .
After issuing digital signature, certificate by Certifying authority, now Indian corporate business can enhance.
After providing facility, filling online forms for different purposes has become so easy.
Law has power to penalize for doing any cyber crime. After making of this law, nos. of cyber crime has reduced.
3. The act is not applicable on the power of attorney, trusts and will.
What are the main features of this Act? Because of this Act, electronic records like, floppies, compact discs, microfilms, magnetic films, hard disk or any such electronic devices, can be produced in a court of law as evidence. From now onwards, any evidence need not be in a typewritten, handwritten or printed paper - it can be in an electronic form. With the advent of this Act, any document or record or information can be retained in the electronic form. Now this Act has come into effect, an electronic record can be affixed with a Digital Signature. Heavy penalty can be imposed for those indulging in computer crimes and hacking. If any person transmits obscene material in an electronic form,