Information Technology Act 2000 - an Overview on Indian Scenario

Information Technology Act 2000 - an Overview on Indian Scenario

ABSTRACT

Man has always been driven by the desire to advance and improve current technology since the dawn of civilization. This has resulted in great growth and advancement, which has served as a springboard for future advances. The creation of the Internet is arguably the most significant of all the major advancements achieved by humanity from the beginning to the present.

However, the Internet's fast development has also created a slew of legal problems and challenges. As the situation remains unclear, governments across the globe are taking various methods to monitoring, regulating, and promoting electronic communication and trade.

The Information Technology Act, 2000, enacted by the Indian Parliament, provides the legal framework for E-commerce in India. The aforementioned Act has got the President of India's assent and has become the law of the land in India.

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INTRODUCTION

To provide consistency in the legislation in various nations, the United Nations Commission on International Trade Law (UNCITRAL) established the model law on electronic commerce (e-commerce) in 1996.

Furthermore, the United Nations General Assembly suggested that other nations examine this model legislation before making changes to their own laws. After passing the Information Technology Act in 2000, India became the 12th nation to have cyber legislation.

While the Ministry of Commerce, Government of India, produced the initial draught as the E-commerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999,' and approved in May 2000.


Act's Objectives

  • The Information Technology Act of 2000 gives legal legitimacy to transactions conducted via electronic data interchange and other electronic methods of communication, as well as electronic commerce transactions.
  • This also includes using alternatives to paper-based communication and information storage to enable electronic submission of papers with government authorities.
  • This legislation also modified the Indian Penal Code of 1860, the Indian Evidence Act of 1872, the Bankers' Books Evidence Act of 1891, and the Reserve Bank of India Act of 1934. The following are the Act's goals:
  • Allow for legal recognition of all transactions conducted through electronic data interchange or other electronic methods of communication or e-commerce, as opposed to the previous paper-based mode of communication.

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  • Allow digital signatures to be legally recognized for the authentication of any information or issues that need legal authentication.
  • Make it easier to file papers electronically with government offices and departments.
  • Allow for the electronic storing of data.
  • Give legal authorization while also facilitating electronic money transfers between banks and financial organizations.
  • Give bankers legal recognition under the Evidence Act of 1891 and the Reserve Bank of India Act of 1934 for maintaining electronic books of accounts.


Characteristics of the Information Technology Act of 2000


  • All electronic contracts entered into through secure electronic channels are legally binding.
  • Digital signatures are legally recognized.
  • There are security safeguards in place for electronic records as well as digital signatures.
  • A process for appointing adjudicating officials to conduct investigations under the Act has been completed.
  • The Act includes a provision for the establishment of a Cyber Regulatory Appellant Tribunal. Furthermore, this tribunal shall hear any appeals against the Controller's or Adjudicating Officer's order.
  • Only the High Court may hear an appeal against the Cyber Appellant Tribunal's decision.
  • Asymmetric cryptosystems and hash functions will be used in digital signatures.
  • Provision for the appointment of a Controller of Certifying Authorities (CCA) to licence and control Certifying Authorities' operations. The Controller will serve as a central repository for all digital signatures.
  • The Act is applicable to offences or violations committed outside of India.
  • Senior police officers and other officials have the authority to enter any public location and conduct searches and arrests without a warrant.
  • Provisions are made for the formation of a Cyber Regulations Advisory Committee to advise the Central Government and the Controller.

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