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Information Technology Act, 2000

Information Technology Act, 2000

Introduction

The Information Technology Act, 2000 is also called the IT Act, 2000. The Information Technology Act, 2000 was notified on 17th October 2000. In India, that law was deal with law-breaking and electronic commerce. The International Organization Commission on International Trade Law which was adopted the model law on electronic commerce to bring uniformity within the Law in several countries in 1996. After that overall Assembly of the international organization counseled that every country should think about this model law before creating changes to its Law. India became the 12thcountry that alter the cyber law and it passes the knowledge Technology Act, 2000. The Ministry of Commerce, the Government of India created the E-commerce Act of, 1998 but it was redrafted Information Technology Bill, of 1999 and which was passed in 2000.

Information Technology Act, 2000

Indian Parliament enacted the Information Technology Act, 2000 which is the primary law for matters related to cybercrime and e-commerce in India. This act was enacted to provide legal sanction to electronic commerce, and electronic transactions, to enable e-commerce, and also prevent cybercrime. The Information Technology Act, 2000 covered any crime which was involving a computer or network located in India, foreign nationals can also be charged. This law prescribes penalties for several cybercrimes and fraud through digital or electronic forms. It also provides legal recognition to digital signatures. 

Objectives of the IT Act, 2000

The Information Technology Act, 2000 gives legal recognition to the group action done through the electronic exchange of information and alternative electronic suggestions of communications. This also entails the usage of alternatives to a paper-based technique of communication and knowledge storage to assist the filing of documents in electronic form with government agencies. After that this act amended the Indian Penal code 1860, the Indian Evidence Act 1872, the Bankers’ Books proof Act 1891, and also the bank of India Act 1934. The objectives of the IT Act, 2000 are given following:

  • Grant legal recognition to any or all transactions is done through electronic exchange of information or e-commerce, the whole of the sooner paper-based technique of communication.

  • Offer legal recognition to digital signatures for the authentication of any data or matters which required legal authentication.

  • Facilitate the filing of documents in electronic form with Government agencies and conjointly departments.

  • To provide the electronic storage of information.

  • It offers legal sanction and conjointly facilitates the transfer of funds electronically between banks and money establishments.

  • Grant legal recognition to the bankers under the Evidence Act, of 1891, and also the bank of India Act, of 1934 for electronically keeping the books of accounts.

Features of the Information Technology Act, 2000

Here we will check out the features of the IT Act, 2000. They are given below:

  • To provide Legal recognition for digital signatures.

  • A procedure for the appointment of adjudicating officers for holding inquiries under the IT Act is finalized.

  • Provision for establishing a Cyber restrictive Appellant judicature under this Act. After that judicature can handle all appeals that are created against the order of the Controller or Adjudicating Officer.

  • It charms against the order of the Cyber Appellant judicature and is workable solely in the court.

  • Under this Act, Digital Signatures uses an uneven cryptosystem.

  • Under the IT Act, 2000 Certifying authorities have the license to the appointment of the Controller, and the controller works as a repository of all digital signatures.

  • The Act applies to offenses or contraventions which is committed outside India also.

  • Provisions for the constitution of a Cyber laws committee to advise the Central.

The New Information Technology Rules, 2021

The new IT Rules, 2021 were framed by the Union Government on 25th February 2021 in the exercise of powers under section 87(2) of the Information technology Act, 2000 and the earlier IT (intermediary Guidelines) Rules, 2011. These rules are made for OTT platforms and digital portals in India to form an offensive redressed system.  According to the new IT Rules, 2021 large digital platforms with over 5 million users will have to publish periodic abidance reports every month, mentioning the all details about the received complaint and action taken thereon.

Importance of the IT Rules, 2021

The new IT Rules, 2021 mention some guidelines that there will be two categories, intermediaries firstly, social media intermediary, and secondly, a significant social media platform would be required to appoint the chief compliance officer who resides in India and contact the nodal person who should reside in India for 24 X 7 hours with law enforcement agencies.

Social media platforms would also need to appoint the resident grievance officer to the grievance redressed mechanism which is indicated. This need to publish a monthly compliance report then action taken and also the details of contents removed proactively.

The central government has said that these rules will “empower the ordinary users of social media” and their enactment had become necessary due to worldwide concerns about the issues related to the increase in cases of abuse of social media and digital platforms.

Conclusion 

It concluded that the Information Technology Act, 2000 covered any crime which was involving a computer or network located in India, foreign nationals can also be charged. This law prescribes penalties for several cybercrimes and fraud through digital or electronic forms. It also provides legal recognition of digital signatures. This act also entails the usage of alternatives to a paper-based technique of communication and knowledge storage to assist the filing of a document in electronic form with government agencies.

Author:

Radhika Punani
Ambala
I am Radhika from Ambala city. I qualified LLM from Kurukshetra University and B.A.LLB from Maharishi Markandeshwar University


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