History, Object, Scope and Commencement of the Information Technology Act, 2000
1. Introduction
The Information Technology Act, 2000 (IT Act) is India’s first legislation dealing with the legal recognition of electronic transactions, digital signatures, and cybercrimes.
Before the enactment of this Act, there was no specific law in India to regulate offences committed through computers or to recognize online contracts.
With the rapid expansion of the internet, e-commerce, and online communication, it became necessary to create a law to regulate and secure activities in cyberspace. Thus, the IT Act, 2000 was enacted to provide a legal framework for electronic transactions and to address cyber offences.
2. History of the Information Technology Act, 2000
International Background
The foundation of the IT Act lies in the UNCITRAL Model Law on Electronic Commerce, 1996 (adopted by the United Nations Commission on International Trade Law).
India, being a member of UNCITRAL, decided to adopt a similar model to promote international trade through the use of electronic means and to give electronic contracts legal validity.
Indian Background
Before 2000, electronic documents or digital signatures were not legally recognized under Indian law.
Contracts under the Indian Contract Act, 1872 required written documents and physical signatures, so online contracts were invalid.
To overcome this gap, the Information Technology Bill, 1999 was introduced in Parliament and passed in May 2000.
The Bill received the President’s assent on 9th June 2000, and the Act came into force on 17th October 2000.
Significance
This was India’s first step towards creating a legal system for cyberspace and e-governance, marking the beginning of cyber law in India.
3. Object (Purpose) of the Act
The main objectives of the IT Act, 2000 are as follows:
- Legal recognition to electronic records and signatures – To make electronic documents and digital signatures legally valid and enforceable.
- Promote e-governance – To allow government departments to issue, accept, and store records in electronic form.
- Prevent and punish cybercrimes – To define and penalize offences such as hacking, identity theft, cyber fraud, and obscene content.
- Facilitate e-commerce – To make electronic contracts and online business transactions legally binding.
- Ensure cybersecurity – To protect electronic data and communication from misuse and unauthorized access.
In simple terms, the Act’s objective is to make electronic communication, digital contracts, and cyber transactions legally recognized and secure.
4. Scope of the Act
Section 1(2) – Extent and Applicability
The Act extends to the whole of India, and it also applies to offences committed outside India, if the act involves a computer, system, or network located in India.
Main Areas Covered
- Electronic Records and Signatures – Legal recognition to electronic documents and digital signatures.
- Cybercrimes and Penalties – Defines and punishes offences like hacking (Section 66), publishing obscene material (Section 67), and identity theft (Section 66C).
- E-Governance – Permits filing, storing, and transmission of documents electronically by government departments.
- Regulatory Authorities – Provides for the appointment of the Controller of Certifying Authorities (CCA) and the establishment of a Cyber Appellate Tribunal.
- Jurisdiction – The Act applies to acts committed both within and outside India (Section 75).
Exclusions (Schedule I)
The Act does not apply to:
- Negotiable instruments (like cheques)
- Power of attorney
- Trust deeds
- Wills
- Contracts related to immovable property
5. Commencement of the Act
| Particular | Details |
|---|---|
| Bill Introduced | 1999 |
| Passed by Parliament | May 2000 |
| Presidential Assent | 9 June 2000 |
| Came into Force | 17 October 2000 |
| Major Amendment | 2008 (effective from 27 October 2009) |
The Information Technology (Amendment) Act, 2008 added new provisions related to cyber terrorism, identity theft, child pornography, and data protection.
6. Important Case Laws
1. Shreya Singhal v. Union of India (2015)
Issue: Validity of Section 66A of the IT Act, which criminalized sending “offensive” messages online.
Judgment: The Supreme Court struck down Section 66A as unconstitutional, holding that it violated the fundamental right to freedom of speech and expression under Article 19(1)(a).
Relevance: This case safeguarded online freedom and limited the misuse of cyber laws.
2. State of Tamil Nadu v. Suhas Katti (2004)
Facts: The accused posted obscene and defamatory messages about a woman on a Yahoo message group.
Judgment: The accused was convicted under Sections 67 and 67A of the IT Act.
Relevance: This was India’s first conviction under the IT Act and demonstrated the effectiveness of cybercrime laws in protecting victims.
3. Anvar P.V. v. P.K. Basheer (2014)
Facts: The case involved the admissibility of electronic evidence in a legal proceeding.
Judgment: The Supreme Court held that for electronic evidence to be admissible, it must comply with Section 65B of the Indian Evidence Act, which is linked with the IT Act provisions.
Relevance: Established strict rules for the authentication of electronic evidence.
7. Summary Table
| Aspect | Key Points | Sections | Case Law |
|---|---|---|---|
| History | Based on UNCITRAL Model Law, 1996 | — | — |
| Object | Legal recognition and prevention of cybercrime | Preamble | — |
| Scope | Extends to India and beyond | Sections 1(2), 75 | Suhas Katti Case |
| Commencement | Enforced on 17 October 2000 | — | — |
| Constitutional Review | Section 66A struck down | — | Shreya Singhal Case |
8. Conclusion
The Information Technology Act, 2000 is a landmark legislation that brought India into the digital era.
It ensures that electronic records and transactions have the same legal validity as paper documents and provides mechanisms to prevent and punish cybercrimes.
The Act promotes e-governance, encourages e-commerce, and strengthens cybersecurity.
With its amendments, it continues to evolve with technological developments, ensuring that India’s legal system keeps pace with the challenges of the digital world.
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