Information technology act 2000

commerce

1. Information technology Act 2000 By :Priya Rana (asst. prof.) S.D.COLLEGE, AMBALA CANTT

2. INTRODUCTION The Information Technology Act, 2000 was enacted for prevention and control of cyber crimes. The Information Technology Act is based on UNCITRAL ( United Nation's Commission on International Trade Law)      The Information Technology Act, 2000 , came into force with effect from 17th October, 2000 it has been amended in 2008 and the amended act is effective from February 5, 2009. The rules under the Amended Act have also been framed, which became effective from October 27, 2009.    

3. Salient Features of The Information Technology Act, 2000 The salient features of The  IT Act , 2000 are as follows − Digital signature has been replaced with electronic signature to make it a more technology neutral act. It elaborates on offenses, penalties, and breaches. It outlines the Justice Dispensation Systems for cyber-crimes. The Information Technology Act defines in a new section that cyber café is any facility from where the access to the internet isA offered by any person in the ordinary course of business to the members of the public. It provides for the constitution of the Cyber Regulations Advisory Committee. The Information Technology Act is based on The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, The Reserve Bank of India Act, 1934, etc. It adds a provision to Section 81, which states that the provisions of the Act shall have overriding effect. The provision states that nothing contained in the Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957.

4. CYBER CRIME The development in information technology and electronic media have given rise to a new variety of computer related crimes are commonly called "Cyber Crimes".               Definition of Cyber Crime :    A cyber Crime may be defined as any criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime. In another words, cyber crime is an unlawful act wherein the computer is either a toll or a target or both.        Cyber criminals have a major advantage; they can use computer technology to inflict damage without risk of being caught. Here are main reasons for cyber crime are as follows.   The main reasons may briefly be stated as follows : 1. The computer has the unique characteristic of storing data in a relatively very small space. This affords to derive and remove information either through physical or virtual medium more easily. 2. Computer are easy to access and therefore unauthorised access by the use of complex cyber space technology is easily possible by-passing security system. 3. The computer work on operating systems which are complex and are composed of millions of codes. The cyber offenders take advantage of the fallibility of human mind and penetrate into the computer system. 4. One of the significant features of computer system is that evidence is destroyed in no time. The criminals find it easy to destroy the evidence soon after the crime is committed which makes it difficult for the investigating agencies to collect relevant material evidence for prosecuting the offender. 5. Slightest negligence on the part of computer user in ensuring security of the computer system may lead to catastrophic consequences as the cyber criminal may gain illegal access and unauthorised control over the computer system to accomplish his evil design.

5. PROVISIONS OF THE ACT   Extends to the whole of India (Section 1(2))  Electronic contracts will be legally valid (Section 10A )  Legal recognition of digital signatures (Section 3 )  Security procedure for electronic records and digital signature (Section 16 )  Appointment of Controller of Certifying Authorities to license and regulate the working of Certifying Authorities (Section 17 of the Act for purposes of the IT Act ) 

6. PROVISIONS OF THE ACT  Certifying Authorities to get License from the Controller to issue digital signature certificates (Section 2)  Various types of computer crimes defined and stringent penalties provided under the Act  Appointment of Adjudicating Officer for holding inquiries under the Act (Section 46)  Establishment of Cyber Regulatory Appellate Tribunal under the Act (Section 48 )

7. PROVISIONSOF THE ACT   Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to any Civil Court (Section 57) . Appeal from order of Cyber Appellate Tribunal to High Court (Section 62)  Act to apply for offences or contraventions committed outside India (Section 75 (1) and (2))  Network service providers not to be liable in certain cases  Power of police officers and other officers to enter into any public place and search and arrest without warrant (Section 80)  Constitution of Cyber Regulations Advisory Committee to advise the Central Government and the Controller (Section 88)