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Information Technology Act, 2000
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by a group of officials headed by the then Minister of Information Technology, Pramod Mahajan. After passing the IT Act, 2000, India became 12th nation in the world to have its own separate legislation on IT.
The original Act contained 94 sections, divided into 13 chapters and 4 schedules, out of which the third and fourth schedule were omitted later. The law applies to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law.
The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for the civil wrongs. The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law. Subsequentl, the Cyber Appellate Tribunal is merged with the Telecom Dispute Settlement Appellate Tribunal. The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies. In 2023, the Parliament of India passed the three statutes and brought in to force new criminal laws, instead of the old IPC, Evidence Act and Criminal Procedure Code. Now the Bharatiya Nyay Sanhita defines the offences and provides for the punishments, the. Bharatiya Sakshya Adhiniyam deals with the provisions relating to Evidence and the Bharatiya Nagrik Suraksha Sanhita deals with the procedure in the court and investigation. The Parliament of India has passed the Digital Personal Data Protection Act, 2022 for protecting the privacy and individual data with the provisions for informed consent.
A major amendment was made in 2008. It introduced Section 66A which penalized sending "offensive messages". It also introduced Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource". Additionally, it introduced provisions addressing pornography, child porn, cyber terrorism and voyeurism. The amendment was passed on 22 December 2008 without any debate in Lok Sabha. The next day, it was passed by the Rajya Sabha. It was signed into law by the then President Pratibha Patil, on 5 February 2009. The amendment of 2009 brought in 6 different offences under Section 66, which are incorporated with Section 66 A to 66F.
The Information Technology Act, 2000 provides for the offences under Chapter 11 under Section 65 to 74. Following is a list of offences and the corresponding penalties under the 2000 Act:
From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature:
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Information Technology Act, 2000
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by a group of officials headed by the then Minister of Information Technology, Pramod Mahajan. After passing the IT Act, 2000, India became 12th nation in the world to have its own separate legislation on IT.
The original Act contained 94 sections, divided into 13 chapters and 4 schedules, out of which the third and fourth schedule were omitted later. The law applies to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law.
The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for the civil wrongs. The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law. Subsequentl, the Cyber Appellate Tribunal is merged with the Telecom Dispute Settlement Appellate Tribunal. The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies. In 2023, the Parliament of India passed the three statutes and brought in to force new criminal laws, instead of the old IPC, Evidence Act and Criminal Procedure Code. Now the Bharatiya Nyay Sanhita defines the offences and provides for the punishments, the. Bharatiya Sakshya Adhiniyam deals with the provisions relating to Evidence and the Bharatiya Nagrik Suraksha Sanhita deals with the procedure in the court and investigation. The Parliament of India has passed the Digital Personal Data Protection Act, 2022 for protecting the privacy and individual data with the provisions for informed consent.
A major amendment was made in 2008. It introduced Section 66A which penalized sending "offensive messages". It also introduced Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource". Additionally, it introduced provisions addressing pornography, child porn, cyber terrorism and voyeurism. The amendment was passed on 22 December 2008 without any debate in Lok Sabha. The next day, it was passed by the Rajya Sabha. It was signed into law by the then President Pratibha Patil, on 5 February 2009. The amendment of 2009 brought in 6 different offences under Section 66, which are incorporated with Section 66 A to 66F.
The Information Technology Act, 2000 provides for the offences under Chapter 11 under Section 65 to 74. Following is a list of offences and the corresponding penalties under the 2000 Act:
From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature:
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