Section
1.
Short title, extent, commencement and application
(1)This
Act may be called the Information Technology Act, 2000.
(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.
(4)
Nothing in this Act shall apply to,
(a)
a negotiable instrument 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 by whatever name called.
(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 in the Official Gazette.
Section
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.
(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 an
adjudicating officer appointed under subsection (1) of section
46;
(D)
"affixing digital 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
digital signature;
(E)
"appropriate Government" means as
respects any matter,:-
(1)
Enumerated in List II of the Seventh Schedule to the
Constitution.
(2)
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 Government.
(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 Digital
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
Digital Signature Certificates.
(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
interconnection of one or more computers through :-
(1)
the use of satellite, microwave, terrestrial line or other
communication media, and,
(2)
terminals or a complex consisting of two or more
interconnected computers whether or not the interconnection is
continuously maintained.
(K)
"computer resource" means computer,
computer system, computer network, data, computer data base 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 (l) of
section 17.
(N)
"Cyber Appellate Tribunal" means
the Cyber Regulations Appellate Tribunal established under
sub-section (1) of section 48.
(O)
"data" means a representation of
information, knowledge, facts, concepts or instructions which
are being prepared or have been prepared in a formalised
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.
(S)
"Electronic Gazette" means the
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.
(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.
(V)
"information" includes data, 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 message means any person who on behalf
of another person receives, stores or transmits that message
or provides any service with respect to that message.
(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,
regulations, bye-laws and orders issued or made there under.
(Z)
"license" means a license granted
to a Certifying Authority under section 24.
(z1)
"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.
(z2)
"prescribed" means prescribed by
rules made under this Act.
(z3)
"private key" means the key of a
key pair used to create a digital signature.
(z4)
"public key" means the key of a key
pair used to verify a digital signature and listed in the
Digital Signature Certificate.
(z5)
"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;
and
(d)
Adhere to generally accepted security procedures.
(z6)
"security procedure" means the
security procedure prescribed under section 16 by the Central
Government.
(z7)
"subscriber" means a person in
whose name the Digital Signature Certificate is issued.
(z8)
"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.
(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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