Information Technology Act 2000- An overview, Scope & Provision : Information Technology Act 2000- An overview, Scope & Provision Sanjay P. Thorat
Swapnil Bedekar Slide 2: OVERVIEW
PROVISION Slide 3: . OVERVIEW An Act to provide legal recognition for the transactions carried our 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 filings of documents with the Government agencies and further to amend the Indian Penal Code, Indian Evidence Act, 1872. IT Act, 2000 : IT Act, 2000 Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws
IT Act is based on Model law on e-commerce adopted by UNCITRAL Slide 5: To provide legal recognition for transactions:-
Carried out by means of electronic data interchange, and other means of electronic communication, commonly referred to as "electronic commerce“
To facilitate electronic filing of documents with Government agencies and E-Payments
To amend the Indian Penal Code, Indian Evidence Act,1872, the Banker’s Books Evidence Act 1891,Reserve Bank of India Act ,1934 Slide 6: DIGITAL SIGNATURE
Digital signature means authentication of any electronic record by means of an electronic method or procedure.
Contents of DIGITAL SIGNATURE
Signature Algorithm Identifer
Validity period of the Digital Signature Certificate
Name of the Subscriber
Public Key Information of the subscriber Slide 7: ELECTRONIC GOVERNANCE
Electronic Governance is recognition by Government to accept communication, storage of information, acceptance of digital signatures in electronic forms and retention of electronic records and giving it is a legal sanctity.
Electronic forms means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro films. SCOPE : SCOPE (a) a negotiable instrument (Other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881;
(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
(c) a trust as defined in section 3 of the Indian Trusts Act, 1882; Slide 9: (d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition
(e) any contract for the sale or conveyance of immovable property or any interest in such property;
(f) any such class of documents or transactions as may be notified by the Central Government PROVISIONS : PROVISIONS Section 16- Central Government to prescribe security procedures
Sec 17 to 34- Appointment and Regulation of Controller and certifying authority
Sec 35 to 39- Obtaining DSC
Sec 40 to 42- Duties of Subscriber of DSC- exercise due care to retain the private key Slide 11: If Originator has not specified particular method- Any communication automated or otherwise or conduct to indicate the receipt
If specified that the receipt is necessary- Then unless acknowledgement has been received Electronic Record shall be deemed to have been never sent.
Where acknowledgement not received within time specified or within reasonable time the originator may give notice to treat the Electronic record as though never sent Slide 12: THANK YOU