* New communication systems and digital technology have made dramatic changes in way of transacting business. Use of computers to create, transmit and store information is increasing. Computer has many advantages in e-commerce. It is difficult to shift business from paper to electronic form due to two legal hurdles – (a) Requirements as to writing and (b) Signature for legal recognition.Many legal provisions assume paper based records and documents and signature on paper.
* The General Assembly of the United Nations by resolution dated the 30th January, 1997 adopted the Model Law on Electronic Commerce and recommended that all States should give favourable consideration to the Model Law when they enact or revise their laws.* The Information Technology Act has been passed to give effect to the UN resolution and to promote efficient delivery of Government services by means of reliable electronic records.
THE INFORMATION TECHNOLOGY ACT, 2000 An Act 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", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers Books Evidence Act, 1891 and theReserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.
In this Act, unless the context otherwise requires(c)"access" means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;(b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;(c) "affixing digital signature“ means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature(d) “asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature
(b)“digital signature” means authentication of any electronic record by a subscriber by means of an electronic method in accordance with the provisions of section 3(d)“Function“ in relation to a computer, includes logic, control arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer(f)"intermediary" with respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message(h) "key pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key(x)"private key" means the key of a key pair used to create a digital signature;(j) "public key" means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate
The Act provides for –*Electronic contracts will be legally valid*Legal recognition of digital signatures*Digital signature to be effected by use of asymmetric crypto system and hash function*Security procedure for electronic records and digital signature*Appointment of Certifying Authorities and Controller of Certifying Authorities, includingrecognition of foreign Certifying Authorities*Controller to act as repository of all digital signature certificates*Certifying authorities to get License to issue digital signature certificates*Various types of computer crimes defined and stringent penalties provided under the Act*Appointment of Adjudicating Officer for holding inquiries under the Act*Establishment of Cyber Appellate Tribunal under the Act*Appeal from order of Adjudicating Officer to Cyber Appellate Tribunal and not to any CivilCourt *Appeal from order of Cyber Appellate Tribunal to High Court*Act to apply for offences or contraventions committed outside India*Network service providers not to be liable in certain cases*Power of police officers and other officers to enter into any public place and search andarrest without warrant*Constitution of Cyber Regulations Advisory Committee who will advice the CentralGovernment and Controller
* The Information Technology Act enables:* Legal recognition to Electronic Transaction / Record* Facilitate Electronic Communication by means of reliable electronic record* Acceptance of contract expressed by electronic means* Facilitate Electronic Commerce and Electronic Data interchange* Electronic Governance* Facilitate electronic filing of documents* Retention of documents in electronic form* Where the law requires the signature, digital signature satisfy the requirement* Uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records or documents* Publication of official gazette in the electronic form* Interception of any message transmitted in the electronic or encrypted form* Prevent Computer Crime, forged electronic records, international alteration of electronic records fraud, forgery or falsification in Electronic Commerce and electronic transaction.
Chapter 1-DIGITAL SIGNATURE Authentication of electronic recordsChapter 2-ELECTRONIC GOVERNANCE Legal recognition of electronic records Legal recognition of digital signatures Use of electronic records and digital signatures in Government and its agencies Retention of electronic records Publication of rule, regulation, etc., in Electronic Gazette
*Attribution of electronic records*Acknowledgment of receipt*Time and place of despatch and receipt of electronic record
* Secure electronic record* Secure digital signature* Security procedure
*Appointment of Controller and other officers.*Functions of Controller*Recognition of foreign Certifying Authorities*Licence to issue Digital Signature Certificates*Application for licence*Renewal of licence*Procedure for grant or rejection of licence*Suspension of licence*Display of licence*Surrender of licence
* Generating key pair* Acceptance of Digital Signature Certificate* Control of private key
* Penalty for damage to computer, computer system* Penalty for failure to furnish information return* Residuary penalty* Power to adjudicate
Establishment of Cyber Appellate Tribunal* Composition of Cyber Appellate Tribunal* Qualifications for appointment as Presiding Officer of the Cyber Appellate* Tribunal* Term of office* . Resignation and removal* Procedure and powers of the Cyber Appellate Tribunal* Limitation* Appeal to High Court
Tampering with computer source documents.*Hacking with computer system*Publishing of information which is obscene in electronic form*Power of Controller to give directions*Protected system*Penalty for misrepresentation*Penalty for breach of confidentiality and privacy*Publication for fraudulent purpose*Confiscation
* Power of police officer and other officers to enter, search* . Offences by companies* . Power of Central Government to make rules* Constitution of Advisory Committee* Power of State Government to make rules
THE FIRST SCHEDULEAMENDMENTS TO THE INDIAN PENAL CODETHE SECOND SCHEDULEAMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872THE THIRD SCHEDULEAMENDMENTS TO THE BANKERS BOOKS EVIDENCE ACT , 1891THE FOURTH SCHEDULEAMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934
.AMENDMENTS TO THE INDIAN PENAL CODE.(Electronic Records).The words "electronic record" shall have the meaning assigned to them in clause (t) of subsection.(5) of section 2 of the Information Technology Act, 2000.".. In section 172, for the words "produce a document in a Court of Justice", the words "produce.a document or an electronic record in a Court of Justice" shall be substituted.
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872.1. In section 3,—.(c)in the definition of "Evidence", for the words"all documents produced for the inspection of the Court", the words"all documents including electronic records produced for the inspection of the Court" shall be substituted;2) after the definition of "India", the following shall be inserted, namely:— the.expressions "Certifying Authority", "digital signature", "Digital Signature Certificate","electronic form", "electronic records", "information", "secure electronic record", "secure.digital signature" and "subscriber" shall have the meanings respectively assigned to them in.the Information Technology Act, 2000..
AMENDMENTS TO THE BANKERS BOOKS EVIDENCE ACT , 18911. In section 2—(a) for clause (3), the following clause shall be substituted, namely:—(3) "bankers books" include ledgers, day-books, cash- books, account-books andall other books used in the ordinary business of a bank whether kept in the written form oras printouts of data stored in a floppy, disc, tape or any other form of electro-magneticdata storage device;
AMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934. In the Reserve Bank of India Act, 1934, in section 58, in sub-section (2), after clause. (p), the following clause shall be inserted, namely:—. "(pp) the regulation of fund transfer through electronic means between the banks. or between the banks and other financial institutions referred to in clause (c) of section. 45-1, including the laying down of the conditions subject to which banks and other. financial institutions shall participate in such fund transfers, the manner of such fund. transfers and the rights and obligations of the participants in such fund transfers;".