Write an essay on the information technology act 2000
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Answer:
This article gives a gist of The Information Technology Act, 2000. However the main motive of this Act is to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly known as E-commerce.
Introduction Of The Information Technology Act, 2000
The Information Technology Act, 2000 provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as“electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend The Indian Penal Code, The Indian Evidence Act, 1872, The Banker’s Books Evidence Act, 1891 and The Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.
The Information Technology Act, 2000 extend to the whole of India and it applies also to any offence or contravention thereunder committed outside India by any person.
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 is 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.
Application of The Information Technology Act, 2000
Nothing in The Information Technology Act, 2000 shall apply to documents or transactions specified in the First Schedule: Provided that the Central Government may, by notification in the Official Gazette, amend the First Schedule by way of addition or deletion of entries thereto. Every notification issued shall be laid before each House of Parliament.
Following are the documents or transactions to which the Act shall not apply −
- Negotiable Instrument(Other than a cheque) as defined in The Negotiable Instruments Act, 1881;
- A power-of-attorney as defined in The Powers of Attorney Act, 1882;
- A trust as defined in The Indian Trusts Act, 1882;
- A will as defined in The Indian Succession Act, 1925 including any other testamentary disposition;
- Any contract for the sale or conveyance of immovable property or any interest in such property;
- Any such class of documents or transactions as maybe notified by the Central Government.
Amendments Brought in The Information Technology Act, 2000
The Information Technology Act, 2000 has brought amendment in four statutes vide section 91-94. These changes have been provided in schedule 1-4.
- The first schedule contains the amendments in the Penal Code. It has widened the scope of the term “document” to bring within its ambit electronic documents.
- The second schedule deals with amendments to the India Evidence Act. It pertains to the inclusion of electronic document in the definition of evidence.
- The third schedule amends the Banker’s Books Evidence Act. This amendment brings about change in the definition of “Banker’s-book”. It includes printouts of data stored in a floppy, disc, tape or any other form of electromagnetic data storage device. Similar change has been brought about in the expression “Certified-copy” to include such printouts within its purview.
- The fourth schedule amends the Reserve Bank of India Act. It pertains to the regulation of fund transfer through electronic means between the banks or between the banks and other financial institution.