The information technology act 2000

The Information Technology Act, 2000 (IT Act, 2000) is India’s primary law dealing with cyber activities. It provides a legal framework for electronic governance and addresses cybercrimes and electronic commerce. Here’s a structured overview:

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Overview

• Enacted: 9 June 2000
• Came into force: 17 October 2000
• Objective: To give legal recognition to electronic records, digital signatures, and to prevent cybercrimes.
• Based on: The UNCITRAL Model Law on E-Commerce (1996).

Key Objectives

1. Grant legal recognition to e-documents and digital signatures.
2. Facilitate e-governance and online contracts.
3. Define and penalize cybercrimes.
4. Provide a legal framework for e-commerce transactions.
5. Establish authorities like the Cyber Appellate Tribunal.

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📜 Important Provisions

1. Recognition of E-Transactions

• Sections 4–10A: Recognize electronic records, digital signatures, and electronic contracts as legally valid.

2. Cybercrimes & Offences

• Section 43: Unauthorized access, downloading, introducing viruses, damaging systems.
• Section 65: Tampering with computer source code.
• Section 66: Hacking and related offences.
• Section 66C: Identity theft.
• Section 66D: Cheating by impersonation using computer resources.
• Section 67: Publishing obscene material in electronic form.
• Section 67A, 67B: Punishment for sexually explicit material and child pornography.

3. Certifying Authorities

• Provide for the issue of Digital Signature Certificates.

4. Cyber Appellate Tribunal

• Established for resolving cyber disputes (later merged with TDSAT).

5. Amendments

• 2008 Amendment introduced concepts like:
  • Electronic Signatures (broader than digital signatures).
  • Data Protection (Section 43A – compensation for failure to protect sensitive personal data).
  • Cyber Terrorism (Section 66F).

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Penalties & Punishments

• Compensation for damages up to ₹1 crore (under Section 43).
• Imprisonment ranging from 3 years to life imprisonment for severe cybercrimes (like cyber terrorism).
• Fines vary between ₹1 lakh to ₹10 lakh.

  Significance

• First comprehensive law for cyber security in India.
• Made online contracts, e-governance, and e-signatures legally valid.
• Acts as a deterrent against cybercrimes like hacking, phishing, 
• data theft, and pornography.
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• Related case laws 

⚖️ 1. Shreya Singhal v. Union of India (2015)

Provision Involved: Section 66A of IT Act.

Issue: Section 66A criminalized sending “offensive” or “menacing” messages online. It was challenged for being vague and violating freedom of speech (Article 19(1)(a)).

Judgment: The Supreme Court struck down Section 66A as unconstitutional, marking a landmark judgment for internet freedom in India.

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⚖️ 2. State of Tamil Nadu v. Suhas Katti (2004)

Provision Involved: Section 67 of IT Act.

Facts: Suhas Katti posted obscene and defamatory content about a woman in a Yahoo chat group.

Judgment: The accused was convicted — this was the first conviction under the IT Act for cybercrime (cyber pornography and harassment).

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⚖️ 3. Avnish Bajaj v. State (Bazee.com case) (2005)

Provision Involved: Section 67 of IT Act.

Facts: An obscene MMS clip of school students was sold on Bazee.com (now eBay India). Avnish Bajaj, CEO of Bazee.com, was arrested.

Judgment: The court highlighted intermediary liability, clarifying that company directors can’t be held personally liable if the

y had no knowledge of the act.