Business Law - Unit 3

Mr.T.SOMASUNDARAM
DEPARTMENT OF MANAGEMENT
KRISTU JAYANTI COLLEGE
BENGALURU
Unit 3 – Information Laws 1
UNIT 3
INFORMATION LAWS

UNIT 3 - INFORMATION LAWS
Information Technology Act 2000: Introduction to Cyber
Law in India, Importance of Cyber Law, E-Commerce,
Paperless Society, Digital Signatures, Cybercrimes,
Salient features of IT Act 2000, Recent amendments of IT
Act 2008.
Right to Information Act 2005: Objectives of the RTI
Act, Scope, Suo motu disclosure, Method of seeking
information, Who is eligible to get information,
Authorities, RTE 2008 and its features.

INFORMATION TECHNOLOGY ACT 2000
Meaning of IT Act:
❑IT Act provide legal recognition for transactions carried out
by means of electronic data interchange and other means
of electronic communication.
❑It involve the use of alternatives to paper based methods of
communication and storage of information.
❑ It is also called as Cyber Law.
IT Act 2000 addressed the following issues –
i) Legal Recognition of Electronic documents.
ii) Legal Recognition of Digital Signatures.
iii) Offences and Contraventions.
iv) Justice Dispensation system for Cyber crimes.

Scope of IT Act:
a) To bring suitable amendment in the existing laws in India
to facilitate E-commerce.
b) To prevent the possible misuse arising out of transactions
and other dealings concluded over electronic medium.
c) To facilitate E-Governance for efficient delivery of
Government Services.
d) To make consequential amendment in Indian Penal Code
and Indian Evidence Act, 1872 to provide necessary changes
in the various provisions which deal with offences relating to
documents and paper based transactions.

Definitions of IT Act:
Section 2 of IT Act contains 34 terms in this act and
definition of few terms (18 terms) are –
1. “Access”:
“As per Sec. 2, it means gaining entry into,
instructing or communicating with logical, arithmetical
or memory function resources of a computer.”
2. “Affixing Digital Signature”:
“As per Sec.2 (1) (d), it means adoption of any
methodology or procedure by a person for purpose of
authenticating an electronic record by means of digital
signature.”

3. “Asymmetric Crypto System”:
“As per Sec. 2 (1) (f), it 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.”
4. “Certifying Authority”:
“As per Sec. 24 [2 (1) (g)], it means a person who
has been granted a licence to issue a Digital signature
certificate.”
5. “Certification practice statement”:
“As per Sec. 2 (1) (h), a statement issued by a
certifying authority to specify the practices that the
certifying authority employs in issuing Digital Signature
Certificates.”

6. “Computer”:
“As per Sec. 1 (i), it means any electronic,
magnetic, optical or high speed data processing device or
system which performs logical, arithmetic and memory
functions and includes all input, output, processing,
storage, software and facilities related to computer
system.”
7. “Computer System”:
“It means a device or collection of devices,
including input and output support devices and excluding
calculators which are not programmable and capable of
being used in conjunction with external files which
contain computer programmes, instruction, logic, data
storage and other functions.”Unit 3 – Information Laws 8

8. “Data”:
“As per Sec. 2 (1) (o), it means a representation of
information, knowledge, facts, concepts or instructions
prepared in formalized manner or processed in computer
system and may be in any form like computer printouts,
optical storage media, tapes and stored memory in
computer.”
9. “Digital Signature”:
“As per Sec. 3, it means authentication of any
electronic record by a subscriber by means of electronic
method or procedure in accordance with provisions of IT
Act.”

10. “Electronic Form”:
“As per Sec. 2 (1) (r), it means any information
generated, sent, received or stored in media, computer
memory, micro film or similar device.”
11. “Electronic Record”:
“As per Sec. 2 (t), it means data, record, image or
sound stored, received or sent in electronic form or
computer generated micro devices.”
12. “Information”:
“As per Sec. 2 (1) (v), it includes data, text, images,
sound, voice, codes, computer programmes, software and
data bases.”

13. “Intermediary”:
“As per Sec. 1 (w), it means any person, who is on
behalf of another person receives, stores or transmits that
message or provides any service with respect to that message.”
14. “Key pair”:
“As per Sec. 1 (x), it means a private key and its
mathematically related public key, verify a digital signature
created by the private key.”
15. “Originator”:
“As per Sec. 2 (1) (za), a person who sends, generates,
stores or transmits any electronic message, or any message to
be sent, generated to other person but doesn’t include
intermediary.”

16 “Private key”:
“As per Sec. 2 (1) 3(c), it means the key of a key pair used
to verify a digital signature.”
17. “Secure System”:
“As per Sec. 2 (1) (ze)], it means computer hardware,
software and procedure that –
a) are reasonably secure from unauthorized access & misuse.
b) provide a reasonable level of reliability and correct and
operation.
c) are reasonably suited to performing the intended functions.
d) adhere to generally accepted security procedures.
18. “Subscriber”:
“As per Sec. 2 (1) 3(g), it means a person in whose name the
Digital Signature Certificate is issued.”

Salient features of IT Act:
The features of IT Act 2000 are as follows –
▪ Extends to the whole of India (Sec.1)
▪ Authentication of electronic records (Sec.3)
▪ Legal framework for affixing Digital signature by use of
asymmetric crypto system and hash function (Sec.3)
▪ Legal recognition of electronic records (Sec.4)
▪ Legal recognition of digital signatures (Sec.5)
▪ Retention of electronic record (Sec.7)
▪ Publication of Official Gazette in electronic form (Sec.8)
▪ Security procedure for electronic records and digital
signature (Sec.14, 15 & 16)

▪ Licensing and Regulation of Certifying authorities for
issuing digital signature certificates (Sec.17 – 42)
▪ Functions of Controller (Sec.18)
▪ Appointment of Certifying Authorities and Controller of
Certifying Authorities (Sec.19)
▪ Controller to act as repository of all digital signature
certificates (Sec.20)
▪ Data Protection (Sec.43 & 66)
▪ Various types of computer crimes defined and stringent
penalties provided under Act (Sec. 43, 66, 67 & 72)
▪ Establishment of Cyber Appellate Tribunal under the Act
(Sec. 48 – 56)
▪ Appeal from order of Adjudicating Officer to Cyber
Appellate Tribunal (Sec. 57)

▪ Appeal from order of Cyber Appellate Tribunal to high court
(Sec.62)
▪ Interception of information from computer to computer (Sec.
69)
▪ Protection System (Sec.70)
▪ Act to apply for offences or contraventions committed outside
India (Sec.75)
▪ Investigation of computer crimes to be investigated by officer at
DSP level.
▪ Network service providers not to be liable in certain cases.
(Sec.79).
▪ Power of police officers to enter into pubic places and search
and arrest without warrant. (Sec. 80)
▪ Offences by the companies (Sec.85).

CYBER LAW
Introduction:
✓ It is a new phenomenon having emerged much after the
onset of Internet.
✓ Due to anonymous nature of the Internet, variety of
criminal activities has taken place.
✓ Cyber space is becoming the newly preferred environment
of the world.
✓ The growth of cyberspace has resulted in the development
of a new and highly specialized branch of law called ‘Cyber
Laws – Laws of the Internet and World Wide’.
16
Unit 3 – Information Laws

Definition:
“Cyber Law is a term which refers to all the legal &
regulatory aspects of Internet and WWW”.
❑It is related with any activity emanating from legal aspects
or issues concerning any activity of citizens in Cyberspace
comes under Cyber law.
Nature of Cyber Law:
Cyber law governs the legal issues of cyberspace.
It is not restricted to the Internet and it includes computers,
computer network, Internet data software, etc.
It encompasses laws relating to –
i) Electronic and Digital Signature. ii) Computer Crime.
iii) Intellectual Property. iv) Data protection & privacy.
v) Telecommunication Laws. 17

Need for Cyber laws in India:
❖Internet growth has led to emergence of numerous legal
issues and problems, which necessitated the enactment of
Cyber laws.
❖Existing laws can’t interpreted the emergence of
cyberspace and hence the need for enactment of relevant
cyber laws.
❖Existing laws doesn’t have any legal validity or sanction to
cyberspace activities and hence cyber law having been
enacted by Parliament.
❖Internet requires an enabling and supportive legal
infrastructure and it is given by an enactment of relevant
Cyber laws.
18

Importance of Cyber law:
❖It is importance as it touches all aspects of transactions and
activities on and concerning internet, world wide web and
cyberspace.
❖It is very technical field and it doesn’t bearing to most
activities in cyber space.
❖Every action and reaction in cyber space has some legal and
cyber legal perspectives.
❖Every activity in cyber space will have a cyber legal
perspective.
❖When time to set up website, send and receive e-mails, any
electronic commerce transactions, at every point, there are
various cyber law issues are involved.
19

Advantages of Cyber law:
The positive aspects of Cyber law are –
a) It becomes a valid and legal form of communication in our
country.
b) Companies shall now be able to carry out electronic commerce.
c) Digital signature have been given legal validity and sanction in
act.
d) It allows government to issue notification on web thus heralding
e-governance.
e) It enables the companies to file any form, application or other
document controlled by appropriate government in electronic
form.
f) IT act also addresses the importance issues of security.
g) It is possible for corporates to have statutory remedy in case and
remedy provided by act is in form of monetary damages, not
exceeding Rs.1 Crore.
20

Definition:
“Cyber Crime is defined as acts that are punishable by ITA
would be unsuitable as Indian Penal Code and also cover many
cyber crimes like threat, fraud, forgery, e-mail spoofing &
cyber defamation & sending threatening e-mails, etc.”.
Nature of Cyber Crime:
➢ 500 million people use internet can be affected by cyber crimes.
➢ Cyber crimes doesn’t involve violence but rather greed, pride or
play on some characteristics weakness of the victims.
➢ Cyber crimes are considered as “white – collar crimes”
➢ New technology not only provides opportunities for
development of information but also raised the spectre of new
criminal activities.
21
CYBER CRIME

Category of Cyber Crimes:
Cyber Crime is committed with the help of computers. It is
used in two ways –
1. Computer as a target: Using a computer to attack other
computers.
(E.g.) Hacking, Virus / Worm attacks, Distributed Denial of
Service (DoS) attack.
2. Computer as a Weapon:
Using a computer to commit real world crimes.
(E.g.) Cyber Terrorism, Intellectual Property Rights violations,
Credit card frauds, Electronic Fund Transfer frauds,
Pornography.
The cyber crimes are regulated by Cyber Laws or Internet
Laws. 22

Types of Cyber Crime: - 7 types
1. Hacking: (Sec.66):
Definition: As per Sec.66, Hacking defined as ‘whoever with intent
to cause (or) knowing that he is likely to cause wrongful loss /
damage to public or any person destroys or deletes or alters any
information residing in computer resources or diminishes its
value or utility by means of commits hacking”.
❑ A Hacker is a person who breaks in or trespasses a computer
system.
❑ Hackers write or use ready – made computer programs to
attack the target computer.
❑ Some hackers hack for personal monetary gains like stealing
the credit card information, transferring money from various
accounts to own account.
23

The different types of hacking are –
a) Web Hijacking: By hacking web server taking control on
another person’s website called as Web Hijacking.
b) Black Hat Hackers: A person who compromises the
security of a computer system without permission from an
authorized party, typically with malicious intent.
c) White Hat Hackers: A person who is ethically opposed to
the abuse of computer systems, but is frequently no less
skilled.
▪ He is also rendered as ethical hacker.
▪ He used to describe those who attempt to break into systems
or networks to help the owners of system by making aware
of security flaws. (E.g.) This kind of hackers are employed
in computer security companies as professionals, called
‘Sneakers’. 24

d) Grey Hat Hackers: He is referred to a skilled hacker who
sometimes acts legally, sometimes in good will and sometimes
not.
▪ They usually don’t hack for personal gain, but may or may not
occasionally commit crimes during the course of their
technological experts.
e) Crackers: A person who attempt to gain unauthorized access to
computer systems.
“People with a high level of skills at computing were known
as Hackers.”
“A group that calls themselves hackers refers to a group that
consists of skilled computer enthusiasts.”
Punishment for Hacking:
✓ 3 years imprisonment and fine up to Rs. 2,00,000 or both.
25

2. Cracking (or) Unauthorized Access:
The term cracking means, ‘illegal access’ & access
comprises entering of whole or any part of computer system
like H/W, stored data, directories, etc.
▪ “Access” includes entering of another system where it is
connected with telecommunication or computer N/w like
LAN (or) Internet.
▪ Unauthorized access is a kind of access without the
permission of person in charge of computer.
3. Trojan Attack:
▪ The program that acts like something useful but do the
things that are quite damping, this kind of program is called
as Trojans.
▪ Trojan come in two parts – Client part and Server part. 26

4. Security Related Crime:
▪ Network security has become a major concern for storing
confidential information.
▪ Confidential information can reside in two states on
network – i) physical stored media like hard drive or
memory, ii) reside in transit across physical network wire in
form of packets.
▪ Users attack on this internet network to do crime activities.
5. Virus and Worm Attack:
▪ A program that has capability to infect other programs and
make copies of itself and spread into other programs is
called virus.
▪ Programs that multiply like viruses but spread from
computer to computer care called as Worms. 27

6. Network Packet Snifters:
▪ Network computers communicate serially when large
information pieces are broken into smaller ones. The
information stream would be broken into smaller pieces
even if networks communicate in parallel line, these smaller
pieces are called Network packets.
▪ This Network packets are not encrypted, a 3rd party can
easily interpret N/w packets & develop packet snifter.
▪ A packet snifter is a software application that uses a
network adapter card in a promiscuous mode (i.e.) card
sends all packets received by physical network wire to an
application for processing.
▪ A packet snifter can provide its users with meaningful and
sensitive information like user account name and
passwords. 28

7. E – mail and Internet related Crimes:
a) E-mail spoofing: It refers to e-mail that appears to have been
originated from one source when it was actually sent from
another source.
b) E-mail spamming: It refers to sending e-mail to thousands and
thousands of users – similar to a chain letter.
c) Sending malicious codes through e-mail: E-mails are used to send
viruses, Trojans, etc., through e-mails as an attachment or by sending
a link of website which on visiting downloads malicious code.
d) Email bombing: It is characterized by abusers repeatedly sending
an identical e-mail message to a particular address.
e) Internet Protocol Spoofing: It occurs when an attacker from
outside the n/w pretends computer using IP address.
▪ IP spoofing attack is limited to injection of data (or) giving
commands into an existing stream of data passed between client
and server application. 29

8. Denial of Service attacks (DoS):
▪ Flooding a computer resource with more requests that it can
handle, which causes the resources to crash thereby
denying access of service to authorized users,.
(E.g.) attempts to disrupt connections between two machine.
▪ attempts to prevent a particular individual from accessing a
service.
▪ attempts to disrupt service to a specific system or person.
Distributed DoS:
A distributed DoS attack is accomplished by using the
internet to break into computers and using them to attack a
network.
▪ 100 or 1000 of computer system across the Internet can be
turned into ‘zombies’ and used to attack another system. 30

9. Password attacks:
▪ Password attack refer to repeated attempts to identify a
user password or account. These repeated attempts are
called brute force attack.
▪ This attack can be implemented by using several
methods like brute force attack, Trojan horse
programmes.
▪ Outside intruder can use password and IP spoofing
attack to copy information or share a drive on network.
Man – in the middle attacks:
▪ This attack requires attacker to theft information,
hijacking for access to internal network, denial of
service, corruption of transmitted data.
31

10. Fraud on the Internet (Or) Forgery:
▪ This is a form of white collar crime and common type of
crime developed due to growth of Internet.
The most of the fraud activities on Internet are –
a) Online investment newsletters – newsletters on Internet
related to stocks and shares are sometimes bogus and cause
loss to the investors or customers.
b) Bulletin boards – this is forum for sharing some
information and often fraud takes place and cause loss to
the users or individuals.
c) E-mail scams – creating and spreading junk mail (which
contain useless information) by giving false information
about a company.
32

d) Credit Card Fraud:
▪ Due to rapid development of E – Commerce activities, the
frequent fraud takes place in credit card fraud like online
services, defective, misrepresentation, multilevel marketing,
etc.
e) Publishing of false digital signature:
▪ According to Sec. 73, if a person knows that a digital
signature certificate is erroneous in certain particulars and
still goes ahead and publishes it, he is guilty having
contravened the act. He is punishable with imprisonment for
2 year (or) fine of Rs. 5 lakhs or both.
f) Making available digital signature for fraudulent purpose:
(Sec.74)
▪ This is an offence under Sec.74 and punishable with
imprisonment for 2 year or fine of Rs. 2 lakh or both.
33

g) Alteration and Destruction of Digital information:
▪ Corruption & Destruction of digital information is large menace in
computer world.
▪ This kind of activities is done through Virus, which destroy the
computer systems and attacks the files in the computer.
▪ The infected files is activated when the computer is started from
infected disk.
h) Pornography on the net:
▪ It include pornographic websites, where producing pornography
material produced using computers and use of internet download and
transmit pornographic pictures, videos, photos, writings, etc.
▪ Pornographic materials can be reproduced more quickly and cheaply
on new media like hard disks, floppy, CDs and other devices, etc.
▪ Whoever publishes or transmits abusive materials, image, videos, etc.
are punished on first conviction with imprisonment 5 years & fine
Rs. 1 lakh and in the event of second or subsequent conviction, with
imprisonment 10 years & fine Rs. 2 lakh. 34

Preventing of Computer Crime:
a) By educating everyone:
▪ Users & system operators, people who hold personal data
and people about whom it is held, people who create
Intellectual property should educate people to -
1. understand how technology can be used to help / hurt
others.
2. think about what it would be the victim of a computer
hacker.
b) By practicing Safe computing:
1. Always ask – who has or may have access to my log – in
address?
2. Remember – people like computer hackers and pirates
hurt others & they are breaking law. 35

Offences and Penalties:
Any person or individuals, shall be punishable with imprisonment
up to three years, or with fine which may extend up to two lakhs
rupees or both by following activities –
i) Without permission, accesses computer, computer system or
network.
ii) downloads, copies, extracts any data, including information or
data held or stored in removable storage medium.
iii) Introduces or causes any computer containment or computer
virus into any computer.
iv) Damages or causes for computer, computer network, data.
v) Disrupts or causes disruption of any computer, computer
system.
vi) Denies or causes the denial of access to any authorized person.
36

Penalties:
Some of the penalties for the offences are –
i) Whoever contravenes any rules or regulations, liable to pay fine
not exceeding Rs.25,000 (Sec.45).
ii) Whoever commits hacking, punished with imprisonment up to
three years and fine of Rs.2,00,000 (Sec.66).
iii) Whoever publishes or transmits the corrupted files or data in
electronic form shall be punishable with imprisonment up to five
years and fine of Rs.2,00,000 (Sec.67).
iv) Any person who secures access or attempts to secure access to
a protected system in contravention of provisions of act shall be
punishable with imprisonment up to ten years and liable to fine.
v) Whoever makes misrepresentation or suppresses any material
fact from Controller or Certifying authority, shall be punishable
with imprisonment up to two years and fine of Rs.1,00,000.
37

Meaning:
➢ E – commerce commonly known as Electronic marketing,
consists of buying and selling of products or services over
electronic systems such as Internet and other computer
networks.
The use of E – commerce conducted in following ways –
➢Electronic fund transfer.
➢Supply chain management.
➢Electronic Data interchange (EDI).
➢Internet marketing.
➢Online transaction processing.
38
E - COMMERCE

➢ Modern E – commerce uses the World Wide Web at some
point in transaction’s cycle.
➢ E – commerce conducted between businesses is referred to
as B2B. (E.g.) Commodity exchange.
➢ E – commerce conducted between businesses and
consumers is referred to as B2C. (E.g.) Amazon.
➢ It also consists of exchange of data to facilitate the
financing and payment aspects of business transactions.
Definition:
“ E-commerce is an emerging concept that describes the
process of buying and selling (or) exchange of products,
services and information through computer network.”
- Kalakota & Whinston.
39

Development of E – commerce:
✓ It facilitates the commercial transaction electronically ,
suing technology like EDI, Electronic Funds Transfer
(EFT).
✓ In 1970s, business is done with help of commercial
documents like purchase order, invoice list, etc.
✓ Now, it has been grown and done with the credit cards,
ATM and telephone banking, etc.
✓ E – commerce additionally include Enterprise Resource
Planning (ERP), data mining and data warehousing.
✓ It has the ability of purchasing goods through Internet using
secure protocols and electronic payment services.
40

Significance of E – commerce:
1. Faster and Easy Access:
• It is used world wide for making best use of technologies related to
electronic data exchange that can done electronically faster and
easy access.
2. Virtual Stores:
• E – commerce stores can be termed as virtual stores showing entire
range of products through websites.
3. Direct links to Customer:
• More companies are experimenting the promotion of products /
services through e – commerce, where they got opportunity to
directly get linked to customers.
4. Saving Time:
• Modern life has restricted the people of wasting time of going
shopping, where they order the product through e – commerce
websites based on their need. 41

5. Showcasing the Products and Services:
• Present market situation indicates that e – commerce has been
boon for sinking businesses in ideal place to showcase their range
of products and services through worldwide.
6. Online Transactions:
• People purchase, sell, advertise, make online payments, accept
payments through online transactions.
7. Exploring New global markets:
• Potential of e – commerce business has started exploring new
global markets, which is the medium of online business
conduction and further expansion.
8. Integrated Services:
• Internet become integral and one of the important parts of
country’s economic set up and infrastructure. It provide
professional customized designing services that suit client’s needs.
42

Business Applications of E – commerce:
Some common applications related to electronic commerce are –
• E – mail.
• Enterprise Content Management.
• Instant messaging.
• Newsgroups.
• Online shopping and order tracking.
• Online banking.
• Online office suites.
• Domestic and International Payment systems.
• Shopping cart software.
• Teleconferencing.
• Electronic tickets.
43

Definition:
“E – governance is managing, controlling and reporting
of processes, using electronic systems such as computers,
Internet, etc. within a private as well as public organization.”
➢ It consider all relevant stakeholders such as employees,
financers, shareholders, government, suppliers and
community by using information and business
communication.
➢ It should be with certain requirement –
i) rendered or made available in an electronic form.
ii) accessible so as to be usable for a subsequent reference.
44
E - GOVERNANCE

E – Governance in India:
✓ Delivery of Government Services.
✓ Saving cost and Ensuring transparency.
✓ Access to tangible benefits.
✓ National e – governance plan (NeGP):
✓ Web – based Economy.
(E.g.)
1. Bhoomi Project – computerization of centuries old system
of handwritten rural land records, which provide records of
right, tenancy and cultivation certificates (RTCs).
2. E – seva – every citizens can access the government
department for various purpose like water bill, electricity
services, passport applications, registration, reservations, other
things, etc. 45

National E – Governance Plan (NEGP):
❖All government services accessible to every citizens through
One – stop – shop integrated services to ensure efficiency,
transparency and reliability based on needs of common
citizen.
❖NEGP approved implementation of 10 components and 25
Mission mode projects over Rs.12,000 crores involving
public and private investments.
❖It includes core projects & policies, human resources,
development, Training, technical assistance, awareness &
assessment, organizational structures, income tax,
passport, visa, immigration project, citizen database, central
excise, pensions, etc.
46

The three level mode are -
a) NeGP: Central Mission Mode Projects – it is identified on
basis of high citizen or business interface, land records, road
transport, agriculture, treasuries, municipalities.
b) NeGP: State Mission Mode Projects – it is identified based
on grampanchayats, commercial taxes policy, employment
exchange, EDI, common service centers, Indian portal, E –
courts and E – procurement.
c) NeGP: Integrated Mission Mode Projects – it focus on
public service delivery and outcomes, changes in government
delivers services, re-engineering and change management.
47

Advantages of E – Governance Plan:
Some of the obvious benefits are –
a) Integrated Information.
b) Integrated Services.
c) Anywhere Services.
d) Anywhere, Anytime Information.
e) Improved Overall Productivity.
f) Better Decision Making and Planning.
g) Better Security and Protection of Information.
48

Meaning:
➢ It is a concept, where use of paper as a document is replaced
by the electronic document in the form of personal
computers, laptops and other electronic devices.
➢ It is enabled by a combination of technologies and processes
mediated through the personal computer, electronics and
computer science, PDF document system and communication
devices.
Definition:
“An electronic medium that does not use paper in human
and economic activity of the society is called the paperless
society.”
49
PAPERLESS SOCIETY

Overview of Paperless Society:
✓ In 1450s, advent of computer age and electronic
documents has brought by Johann Gutenberg’s invention
of printing press.
✓ Once computers were entrenched in world’s offices,
electronic documents become the primary means of
communication.
✓ Due to electronic document revolution, computer has
brought extraordinary changes to communication.
✓ Another impact of electronic documents is arrival of
electronic reading room which citizens can visit online to
read about items.
✓ For physicians, it reduces the chances of losing vital
information and also dramatically cuts down the chance of
prescription errors. 50

Advantages of Paperless Society:
Some of the advantages are –
❑It saves time, effort and postage, more secure than mailing
a check from your mailbox and risking it being stolen.
❑It use document management system to organize and
manage these electronic documents.
❑It expanded to wide range of items like e – mails,
photographs, medical records, voice mail, etc.
❑It is used to spent searching, manipulating and reviewing
documents.
❑It support the creation, review, collaboration, modification,
dissemination, editing and archiving of documents.
51

Meaning:
➢ Digital Signature means authentication of any electronic
record by a subscriber by means of an electronic method or
procedure in accordance with the provisions of Sec. 3 of IT
Act, 2000.
➢ Any subscriber may authenticate an electronic record by
affixing his digital signature.
➢ Authentication of electronic record shall be effected by use of
asymmetric crypto system and hash function.
➢ Hash function means an algorithm mapping or translation of
one sequence of bits into another which is known as “hash
result”, record yields every time algorithm is executed.
52
DIGITAL SIGNATURES

Electronic records yields as its input making it
computationally infeasible -
❑To derive or reconstruct the original electronic record
from the hash result produced by the algorithm.
❑The two electronic records can produce the same hash
result using the algorithm.
❑Any person by the use of a public key of the subscriber
can verify the electronic record.
❑The private key and the public key are unique to the
subscriber and constitute a functioning key pair.
53

Secure Electronic records and Secure Digital Signatures:
Security procedure has been applied to an electronic record at
specific point of time, at the time of verification.
Secure Electronic record:
If the application of a security procedure agreed to by the
parties concerned, it can be verified that a digital signature, at
the time it was affixed, was –
a) unique to the subscriber affixing it.
b) capable of identifying such subscriber.
c) created in a manner or using a means under the exclusive
control of the subscriber and is linked to electronic record to
which it related in such a manner that if electronic record was
altered the digital signature would be invalidated, then such
digital signature shall be deemed to be a secure digital signature.
54

Security procedure for Commercial Purposes:
Central Government prescribes the security procedure for
commercial circumstances prevailing at the time when procedure
is used, including –
• Nature of transaction.
• Level of sophistication of the parties with reference to their
technological capacity.
• Volume of similar transactions engaged in by other parties.
• Availability of alternatives offered to but rejected by any
party.
• Cost of alternative procedures.
• Procedures in general use for similar types of transactions or
communications.
55

Legal Recognition of electronic records:
Legal recognition of digital signatures and authentication of
electronic records –
➢ As per IT Act, a person signed, which means affixing his hand
written signature or any mark on any document and expression
“signature” shall be constructed.
➢ Law provides that requirement for documents, records or
information shall be retained for any specific period have been
satisfied if such things are retained in electronic form, if –
• Information contained therein remains accessible so as to be
usable for a subsequent reference.
• Electronic record is retained in format in which it was originally
generated, sent or received, or format in which demonstrated to
represent accurately about the information.
• Details will facilitate the identification of origin, destination, date
and time of dispatch or receipt of electronic record. 56

Certifying Authorities:
Certifying authorities means a person who has been
granted a licence to issue a Digital Signature Certificate under
Sec.24.
Regulation of Certifying Authorities:
▪ Central Government, by notification in Official Gazette,
appoint a Controller of Certifying Authorities for the purpose
of this Act, appoint number of Deputy Controllers, Assistant
Controllers.
▪ Controller shall discharge his functions under this Act subject
to general control and directions of Central Government.
▪ Deputy and Assistant Controllers shall perform the functions
assigned to them by Controller of Secure Digital Signature as
per Sec.17.
57

Duties of Certifying Authorities:
▪ Make use of hardware, software and procedures that are
secure from intrusion and misuse, provide a reasonable level
or reliability in its services which are reasonably suited to
performance of intended functions.
▪ Adhere to security procedures to ensure that the secrecy and
privacy of digital signatures are assured.
▪ Observe such other standards as may be specified by
regulations as per Sec.30
▪ Ensure that every person employed , course of his
employment or engagement, rules & regulations made
thereunder as per Sec.31
▪ Display its licence at a conspicuous place of the premise in
which it carries on its business as per Sec.32
58

▪ When licence is suspended or revoked, immediately he has
to surrender the licence to Controller, if fails to surrender
then, as per Sub – section 1, he shall be guilty of offence
and punished with imprisonment up to 6 months or fine up
to Rs.10,000 or both as per Sec.33
▪ Every Certifying Authority shall disclose in the manner
specified by regulations –
• Its Digital Signature Certificate which contains the
public key corresponding to the private key used
• Certifying Authority to digitally sign another Digital
Signature Certificate.
• Any certification practice statement relevant thereto.
59

• Notice of the revocation or suspension of its certifying
authority certificate, if any.
• Any other fact that materially and adversely affects the
reliability of a Digital Signature Certificate , which
authority has issued.
In situation like, materially and adversely affects the integrity
of its condition subject to which a Digital Signature Certificate
was granted, then, Certifying Authority shall -
▪ use reasonable efforts to notify any person who is likely
to be affected by that occurrence, or
▪ act in accordance with the procedure specified in its
certification practice statement to deal with such event
or situation.
60

Duties of Controller:
Controller duties towards Certifying Authorities and Digital
Signature Certificates –
▪ Controller shall maintain a data base containing the disclosure
record of every Certifying Authority containing such particulars
as may be specified by regulations, which shall be accessible to
public as per Sec.18
▪ Controller may consider previous approval of Central
Government, as per notification in Official Gazette, recognize
any foreign Certifying Authority as a Certifying Authority as
per this Act under certain conditions and restriction. (Sec.19)
▪ Digital Signature Certificate issued by Certifying Authority
shall be valid for purpose of this Act.
▪ Controller, if he is satisfied that any Certifying Authority have
contravened on any conditions subject to which it was granted,
for reason, he may recorded in writing, revoke such recognition.61

▪ Controller shall be repository of all Digital Signature
Certificates issued under this Act. He shall -
• make use of hardware, software and procedures that are
secure from intrusion and misuse.
• observe such standards prescribed by Central Government,
to ensure the secrecy and security of digital signatures are
assured.
▪ Controller shall maintain a computerized data base of all
public keys such that it is available to any member of the
public.
▪ Any person can make an application to controller for license
to issue Digital Signature Certificates as per Sub. Sec. 2
▪ No licence shall be issued, unless applicants fulfill certain
requirements like qualification, expertise, financial resources,
which is necessary as per Sub. Sec. 1 62

Functions of Controller:
The Controller may perform all or any of the following functions –
▪ Exercising supervision over the activities of Certifying
Authorities.
▪ Certifying public keys of the Certifying Authorities.
▪ Laying down the standards to be maintained by the Certifying
Authorities.
▪ Specifying the qualifications and experience, which employees
of Certifying Authorities should possess.
▪ Specifying the conditions subject to which Certifying authorities
shall conduct their business.
▪ Specifying the contents of written, printed or visual materials and
advertisements that may be used in Digital Signature Certificate.
▪ Specifying the form and content of a Digital Signature
Certificate.
63

▪ Specifying the form and manner in which accounts shall be
maintained by Certifying Authorities.
▪ Specifying the terms and conditions subject to which
auditors may be appointed and the remuneration to be paid
to them.
▪ Facilitating the establishment of any electronic system by a
certifying authority either solely or jointly with other
certifying authorities.
▪ Specifying the manner in which the certifying authorities
shall conduct their dealings with the subscribers.
▪ Resolving any conflict of interests between the Certifying
authorities and the subscribers.
64

Digital Signature Certificates (DSCs):
Certifying Authority to Issue Digital Signature Certificate –
i) Any person can make an application to the Certifying
Authority for the issue of a Digital Signature Certificate as
prescribed by the Central Government.
ii) Every such application shall be accompanied by fee not
exceeding Rs.25,000 as prescribed by the Central
Government. (different fees prescribed for different classes of
applicants).
iii) Every such application shall be accompanied by
certification practice statement as specified by regulations.
iv) On receipt of application and enquiries, Certifying
Authority will grant the digital signature certificate and it
will recorded.
65

Provided that no DSC shall be granted unless the Certifying
Authority is satisfied that –
a) Applicant holds the private key corresponding to public key to
be listed in DSC.
b) Applicant holds a private key, capable of creating a digital
signature.
c) Public key to be listed in certificate can be used to verify a
digital signature.
Representations upon Issuance of DSC:
A Certifying Authority while issuing a DSC shall certify that –
i) It has complied with provisions of this Act and rules and
regulations.
ii) It has published Digital Signature Certificate.
iii) The subscriber holds the private key corresponding to public
key. 66

iv) subscriber’s public key and private key constitute a functioning key
pair.
v) Information contained in DSC is accurate, and
vi) It has no knowledge of any material fact.
Suspension of DSC:
i) Subject to provisions of sub – Sec.
ii) Certifying authority which has issued a DSC may suspend such DSC
upto 15 days.
Suspension takes place after –
a) Any person duly authorized to act on behalf of that subscriber.
b) If it is opinion from public interest that DSC should be suspended.
Revocation of DSC:
Certifying Authority may revoke a DSC issued by it –
i) Where subscriber or any other person authorized by him makes a
request to that effect or upon death of subscriber or dissolution of firm
or winding up of company. 67

ii) Certifying authority may also revoke a DSC which is issued at
any time, if it is of opinion that –
a) material fact represented in DSC is false or concealed.
b) requirement of issuing DSC was not satisfied.
c) security system that affects the reliability of DSC.
d) subscriber has been declared insolvent or dead or
dissolved, wound up or ceased.
iii) DSC shall not be revoked unless subscriber has been given an
opportunity of being heard in the matter.
iv) On revocation of DSC, Certifying Authority shall communicate
the same to subscriber as per Sec.38.
Notice of Suspension or Revocation of DSC:
i) DSC is suspended or revoked under Sec. 37 or Sec.38.
ii) Certifying Authority shall publish a notice of suspension or
revocation, as the case may be, and publish such a notice. 68

Recent Amendments of IT Act 2008:
Government of India has brought major amendments to IT
Act 2000 in form of IT Act 2008.
New provisions added through amendments are –
▪ New section to address technology from Sec. 3A its presents
‘technology specific’ form (i.e.) Digital signature to
Electronic signature.
▪ New section to address promotion of e-governance Sec.6A
& other IT application
- delivery of service.
- outsourcing.
- public private partnership.
▪ New section to address electronic contract Sec.10A.
69

▪ New section to address data protection and privacy Sec.43
▪ Corporate to implement best security practices Sec.43A & 72A.
▪ Multimember Appellate Tribunal Sec.49 – 52.
▪ New section to address new forms of computer misuse
- impersonation Sec.419 A
- identify theft and e-commerce frauds Sec.417A like
publishing
- video voyeurism Sec.502A
- offensive message and spam section Sec.66A
- pornography Sec.67A
▪ Preservation and retention of Data / information Sec.67C.
▪ Revision of existing Sec.69 to empower central Sec. 69 to
designate agencies and safeguards for monitoring and decryption.
▪ Blocking of information for public access Sec.69A, monitoring of
Traffic Data and Information of Sec.69B 70

Cyber Security:
▪ New section for designating agency for protection Sec.70A
of Critical Information infrastructure.
▪ New section for power to analyze information relating to
breach in cyber space and cyber security (Sec.70B)
▪ Revision of existing Sec. 79 for prescribing liabilities of
service providers.
▪ New section for Examiner of Digital Evidence (Sec.79A)
▪ New section for power to prescribe modes of Encryption
Sec.84A
▪ Punishment of most of offences were reduced from 3 years
to 2 years.
71

Cyber Terrorism:
▪ Cyber terrorism as an offence that has been made punishable
with life imprisonment and fine.
▪ This move should be tremendous service to cause of Indian
nation as also the sovereignty, integrity and security of India.
▪ Highly commendable move after Mumbai 26/11 attacks.
New Cyber Crimes Added:
▪ Provide far more exhaustive coverage off cyber crimes in law.
▪ Various new cyber crimes have been added.
▪ Activities defined in Sec.43 off IT act 2000.
▪ New amendments added to identify theft and publishing as
cyber crimes.
▪ It covers breach of privacy, child pornography as specific
offences.
72

Interception:
▪ New amendments have strengthened.
▪ Hands of nation by increasing the ambit of powers off
interception of Government.
▪ Interception, blocking and monitoring powers have been
more detailed and elaborately stated.
IT Act amendments and Corporates:
▪ Huge ramifications of the new amendments on corporate
India.
▪ Hacking no longer an offence hacking as an offence has
been deleted from law book.
▪ Now cyber crimes to be investigated not by a DSP but by an
inspector.
▪ Cyber crimes are bailable. 73

74

Meaning:
➢ RTI Act, 2005 empowers a citizen to access the
information for disclosure from the public authority and
bring transparency.
➢ RTI Act, 2005 was came into force from 12th October 2005.
➢ It is an act to provide for setting out practical regime of
right to information for citizens access to information
under control of public authorities.
➢ Information means, material in forms of documents,
memos, press release, e-mails, circulars, contracts, reports,
data materials, etc.
75
RIGHT TO INFORMATION ACT, 2005

➢ The act covers central, state and local governments, and all
bodies owned, controlled or financed by the government or
any non government organization.
➢ Information is the ultimate ammunition in democracies,
where citizens empowered with it, they will take
governance back from oppressors.
➢ Article 19 in our constitution that guarantees us the right to
freedom of speech and expression.
➢ In 2002, politicians has passed the law, Freedom of
Information Act.
➢ Indian Parliament enacted the Right to Information Act,
2005, which gave a powerful tool to citizens to get
information from Governments as a matter of right.
➢ This law covers almost all government activities at all
levels Union, State and Local government. 76

Objectives of the RTI Act:
The major objectives of this act are –
a) Greater transparency in functioning of public authorities.
b) Improvement in accountability and performance of the
Government.
c) Promotion of partnership between citizens and the
Government in decision making process.
d) Reduction in corruption in the Government departments.
e) It is to empower the citizens, promote transparency and
accountability in the working of the Government and make
our democracy work for the people in real sense.
f) It is to provide information on request and proactively, e-
governance is a viable option for public authorities to address
the information needs. 77

Scope of the RTI Act:
Some of the scope of this act are –
✓ It covers the whole of India except Jammu and Kashmir.
✓ It is applicable to all constitutional authorities, including
executive, legislature and judiciary, any institution or
constituted by act of Parliament.
✓ The authorities or constituted by order including owned,
controlled or substantially financed by government or non
government, directly or indirectly by funds provided by
government.
✓ Information that can be accessed under any other law in force
by public authority can also be requested for.
✓ The act also explicitly overrides the Official Secrets Act and
other laws in force on 15 June 2005 to extent of
inconsistency. 78

Need for Right to Information:
1. Translating Right into reality – fundamental right to free speech
and expression and provide a statutory framework for this right.
2. People kept informed about current affairs and broad issues –
people have to kept informed about current events – political,
social and economic.
3. Information and Economic development – its as a crucial factor
in socio-cultural, economic and political development because
every developmental process depends on the availability of
information.
4. Right to know relations with other basic rights – it deals with
basic rights such as freedom of speech and expression and right to
education.
5. Transparency – this act aims at bringing transparency in
administration and public life and it leads to openness,
accountability and integrity. 79

Features of RTI Act, 2005:
The main features of the law on RTI are –
▪ To operationalize the fundamental right to information.
▪ To set up systems and mechanisms that facilitate people’s easy
access to information.
▪ To promote transparency and accountability in governance.
▪ To minimize corruption and inefficiency in public offices and
to ensure people’s participation in governance and decision
making.
Based on the key concept, the features are –
1. More progressive, participatory and meaningful role – it
promises to make the right to information more progressive,
participatory and meaningful to encourage the common citizen
to enthusiastically participate in whole process of governance.
80

2. Suo motu information – as per Sec.4 of this act, every
public authority to suo motu provide to the public with the
information as prescribed.
3. Procedure for securing information – as per Sec.6, it
prescribes procedure which is very simple and every citizen
make a request to concerned Public Information Officer
(PIO) specifying the information sought by him.
4. Speedy delivery of information – as per Sec.7 of the act, it
is mandatory for PIO to provide information within 30 days,
otherwise penalties will be provided in case of failure or
refusing or incorrect or misleading information.
5. Two tier mechanism for appeal – first appeal lies to an
officer within the organization who is senior in rank to PIO.
Second appeal lies in the information commission.
81

6. No exemption for human right violations and corruption –
in case of allegations of violation, exemption would not be
available.
7. State information commission powers of court – it has a
major role in enforcing the implementation of provisions of
act as well as for educating the parties, mainly information
seekers and providers. Sec.20, commission may impose
penalty on concerned officials for denial of information.
The Act specifies that citizens have a right to –
• Request any information.
• Take copies of documents.
• Inspect documents, works and records.
• Take certified samples of materials of work.
• Obtain information in form of printouts, floppies, tapes, etc.82

Important terms in the RTI Act:
▪ Central Information Commission – CIC means Central
Information Commission constituted under sub – section (1)
of section 12 – [Section. 2(b)]
▪ Central Public Information Officer – designated under sub
– section 91) and includes a Central Assistant Public
Information Officer designated under sub – section (2) of
Section 5. [Sec.2(c)]
▪ Chief Information Commissioner – appointed under sub
section [Section 2(d)]
▪ Information – any material in any form, including records,
documents, memos, e-mails, advices, press release,
circulars, orders, reports, papers, data materials held in
electronic form which can be accessed by public authority.
83

▪ Public Authority – means any authority or body or
institution of self – government establishment –
▪ By or under constitution
▪ By any other law made by State legislature
▪ By any other law made by Parliament
▪ By notification issued or order made by appropriate
Government and includes any –
▪ Body owned, controlled or substantially financed.
▪ Non government organization substantially financed.
▪ Directly or indirectly by funds provided by appropriate
government. [Section 2(h)]
84

Record includes –
▪ Any document, manuscript and file.
▪ Any microfilm, microfiche and facsimile copy of a document.
▪ Any reproduction of image or image embodied in microfilm.
▪ Any other material produced by computer or any other device.
Right to Information – it means accessible under act which is
held by or under control of any public authority and includes
right to –
▪ Inspection of work, documents, records.
▪ Taking notes, extracts, certified copies of documents or
records.
▪ Taking certified samples of material.
▪ Obtaining information in form of diskettes, floppies, tapes,
video cassettes or any other electronic mode. 85

▪ State Information Commission – it constituted under sub –
section (1) of Section 15.
▪ State Chief Information Commissioner and State
Information Commissioner – appointed under sub section
(3) of Section 15.
▪ State Public Information Officer – designated under sub
section (1) and includes a State Assistant Public Information
officer designated under sub section (2) of Section 5.
▪ Third party – a person other than the citizen making a
request for information and includes a public authority.
[Section 2 (n)].
86

Suo Motu (on his own) disclosure:
❖Every public authority should provide as much information
suo motu to public through various means of
communication.
❖Internet is one of the most effective means of
communications, information may be posted in website.
Public authorities to disclose 16 categories of information as
per Sec. 4(1) (b) –
1. Particulars of its organization, function and duties.
2. Powers and duties of its officers and employees.
3. Procedure followed in decision making process, including
channels of supervision and accountability.
87
SUO MOTU DISCLOSURE

4. Norms set by it for discharge of its functions.
5. Rules, regulations, instructions, manuals and records under
its control or used by its employees for discharging functions.
6. Statement of categories of documents that are held by it or
under its control.
7. Particulars of any arrangement that exists for consultation
with members of public in relation to formulation of its policy.
8. Statement of boards, councils, committees and other bodies
consisting of two or more persons constituted for purpose of
its advice, minutes of meetings by boards, committees are
accessible for public.
9. Directory of its officers and employees.
10. Monthly remuneration received by each of its officers and
employees, including system of compensation. 88

11. Budget allocated to each of its agency, indicating the
particulars of all plans, expenditures and reports.
12. Manner of execution of subsidy programmes, including
amounts allocated and details of beneficiaries.
13. Particulars of recipients of concessions, permits or
authorizations granted by it.
14. Details in respect of information, available to or held by it,
reduced in electronic form.
15. Particulars of facilities available to citizens for obtaining
information including working hours of library or reading
room, maintained for public use.
16. The names, designation and other particulars of Public
Information Officers.
89

The following information is exempted from disclosure as per
Sec. 8 –
1. Information, disclosure of which would prejudicially affect
the sovereignty and integrity of India, security, strategic of
state, relation with foreign state lead to offence.
2. Information which has been expressly forbidden to be
published by any court of law.
3. Information, disclosure of which would cause a breach of
privilege of Parliament.
4. Information including commercial confidence, trade
secrets or intellectual property.
5. Information available to person in his fiduciary
relationship, unless competent authority is satisfied.
90

6. Information received in confidence from foreign
government.
7. Information, disclosure of which would endanger the life
or physical safety of any person or identify the source of
information.
8. Information which would impede the process of
investigation or apprehension or prosecution of offenders.
9. Cabinet papers including records of deliberations of council
of ministers, secretaries and other officers.
10. Information which relates to personal information the
disclosure of which has no relationship to any public activity,
or which cause unwarranted invasions of privacy of
individual.
91

Powers and Functions of Central Information Commission
(CIC) and State Information Commission (SIC):
1. CIC / SIC has a duty to receive complaints from any
person -
– who has been refused information that was requested.
– who has received no response to his / her information
request within specified time.
– who thinks fees charged are unreasonable.
– who thinks information given is incomplete or false.
– any other matter relating to obtaining information.
2. Power to order inquiry if there are reasonable grounds.
3. CIC / SIC will have powers of Civil court such as –
– Summoning and enforcing attendance of persons,
compelling them to give oral or written evidence on oath.92

– receiving the discovery and inspection of documents.
– receiving evidence on affidavit.
– requisitioning public records or copies from any court of
office.
– issuing summons for examination of witnesses or
documents.
– any other matter which may be prescribed.
4. All records covered by this law must be given to CIC / SIC
during inquiry for examination.
5. Power to secure compliance of its decisions from Public
Authority includes –
– providing access to information in a particular form.
– directing the public authority to appoint a PIO / APIO.
93

– publishing information or categories of information.
– making necessary changes to practices relating to
management, maintenance and destruction of records.
– enhancing training provision for officials on RTI.
– seeking an annual report from public authority on
compliance with law.
– require it to compensate for any loss or other detriment
suffered by applicant.
– impose penalties under this law.
– reject the application. (Sec.18 and 19).
94

Public Information Officers (PIOs):
“Public Information Officers are officers designated by
the public authorities in all administrative units or offices
under it to provide information to citizens requesting for
information under the Act”.
Duties of a PIO:
PIO shall deal with requests from persons seeking
information and where request can’t be made in writing –
1. If information requested for is held by or its subject matter
is closely connected with function of public authority, PIO
shall transfer within 5 days and inform applicant immediately.
2. PIO may seek assistance of any other officer for proper
discharge of his / her duties.
95

3. PIO, in any case within 30 days of the receipt of request,
provide information on payment of such fee prescribed by
law or reject request for any reasons as per Sec. 8 & 9.
4. Information requested for concerns the life or liberty of
person, provided within 48 hours of receipt of request.
5. If PIO fails to give decision on request within period
specified, shall be deemed to have refused the request.
6. Where request has been rejected, PIO shall communicate to
requester –
– reasons for such rejection.
– period within which an appeal against such rejection
may be preferred.
– particulars of Appellate authority.
96

7. PIO shall provide information in form in which it is sought
unless it would disproportionately divert the resources of
Public Authority or preservation of record.
8. If allowing partial access, PIO shall give a notice to
applicant informing –
– that only part of record requested, after severance of
record containing information which is exempt from
disclosure, is being provided.
– the reasons for decision, including findings on any
material question of fact, referring to material on which
those findings were based.
– the name and designation of person giving decisions.
– details of fees calculated and amount of fee which
applicant is required to deposit.
97

– his or her rights with respect to review of decision
regarding non – disclosure of part of information.
– if information sought has been supplied by third party or is
treated as confidential by that third party, PIO shall give
written notice to 3rd party within 5 days from receipt of
request.
– 3rd party must be given change to make representation
before PIO within 10 days from date of receipt.
Assistant PIOs:
▪ These officers are at sub – divisional level to whom a person
can give RTI application.
▪ These officers send application or appeal to PIO.
▪ Assistant PIO is not responsible to supply of information.
▪ It was appointed by Department of Posts in various post
offices under Government of India. 98

Public Authority:
“A Public Authority is any authority or body of
institution of self – government established or constituted by
or under Constitution or any other law made by Parliament or
State legislature or notification issued or order made by
Central or State Government”.
✓ PA are the repository of information which the citizens
have a right to have under Right to Information Act 2005.
✓ It is to facilitate the citizens of the country to access the
information held under their control.
✓ Reference made to public authority in this document is, in
fact, a reference to the head of the public authority.
99

Citizens seeking information from Public Authority:
❖A citizen has a right to seek such information from a public
authority which is held by public authority or held under its
control.
❖It includes inspection of work , documents and records, taking
notes, extracts or certified copies of documents or records held
by public authority.
❖PIO is not supposed to create information or to interpret
information, to solve problems raised by applicants.
❖This act gives a citizens a right to information at par with
members of Parliament and members of state legislatures.
❖Citizen has a right to obtain information from PU in form of
diskettes, floppies, tapes, video cassettes or any other electronic
mode.
❖Information to applicant should ordinarily be provided in form
which it is sought. 100

❖Under this act, all authorities must appoint their PIO.
❖Any person may submit a request to PIO for information in
writing.
❖It is PIOs obligation to provide information to citizens of
India who requested under the act.
❖It request pertain to another public authority, it is PIOs
responsibility to transfer / forward the concerned portion of
request to PIO within 5 days.
❖Every Public authority is required to designate Assistant
Public Information Officers (APIOs) to receive RTI
request and appeals for forwarding to PIOs.
101
METHOD OF SEEKING INFORMATION

Time limit for replying to the request:
The act specifies time limit for replying to the request –
1. If the request has been made to PIO, the reply is to be given
within 30 days of receipt.
2. If the request has been made to APIO, reply is to be given
within 35 days of receipt.
3. If PIO transfers the request to another public authority,
time allowed to reply is 30 days but computed from day
after it is received by PIO of transferee authority.
4. Information concerning corruption and Human rights
violation by security agencies is to be provided within 45
days but prior approval of Central Information Commission.
5. If life or liberty of any person is involve, PIO is expected to
reply within 48 hours. 102

❖Since information is paid, reply of PIO is necessarily
limited either to deny the request or providing computation
‘further fees’.
❖If information is not provided within this period, it is treated
as deemed refusal and refusal with or without reasons may
be ground for appeal or complaint.
❖For central departments, there is a fee of Rs.10 for filing the
request. Rs.2 per page of information and Rs.5 for each
hour of inspection after the first hour.
❖If applicant is below a poverty card holder, then no fee
shall apply, by providing copying of card.
❖Citizen who desires to obtain information, make request to
PIO in writing in English or official language, should make
necessary payment as per fees rules and sent the application
through post or electronic means to PIO office. 103

❖This act gives right to information only to citizens of India.
❖It doesn’t make provision for giving information to
Corporations, Associations, companies, etc. which are legal
entities / persons, but not citizens.
❖If application made by an employee or office bearer of any
corporation, company, association, NGO, etc. indicating his
name and such employee is citizen of India, information
may be supplied to him or her.
104
WHO IS ELIGIBLE TO GET
INFORMATION UNDER RTI ACT

Fee for seeking Information:
➢ A person who seeks some information from public authority
is required to send application, demand draft or cheque or
Indian postal order of Rs.10/-, payable to Accounts Officer
of public authority as fee prescribed for seeking
information.
➢ Payment of fee can be made to Accounts officer of public
authority or to Assistant Public Information Officer with
proper receipt.
➢ Applicant may also requested to provide additional fee
towards the cost of providing information, which shall be
intimated to applicant by PIO as prescribed by regulations
of fee and cost rules of RTI, 2005.
105

Process of Information gathering :
106
People seeking for information
Request for information to PIO
Information gathering by PIO
Dissemination of information to
the information seeker

Format of Application:
▪ There is no prescribed format of application for seeking
information.
▪ Application can be made on plain paper, with name,
complete postal address of applicant, even in electronic
format.
The proforma of RTI application on certain case is exhibited
as per below –
a) Application to the concerned Public Authority:
• Applicant should make application to concerned authority.
• Send application to PIO.
• Applicant who seek information by one way of application,
seeks information of only one subject, not many subjects.
107

b) Time period for Supply of Information:
• Information to applicant shall be supplied within 30 days
from receipt of application.
• If information sought concerns the life or liberty of a
person, shall be supplied within 48 hours.
• If application sent through APIO or sent to wrong public
authority, five days shall be added to period of 30 days or 48
hours.
c) Complaints:
• If any person unable to submit a request to PIO or any
public authority or then it is refused to accept the
application or appeal under RTI act, not given response to a
request for information with time limit specified,
incomplete, misleading or false information, he can a make
a complaint to Information Commission. 108

Meaning:
➢ Right to Education (RTE) Act, 2008, which was passed by
the Indian Parliament on 4th August 2009.
➢ It is also called as Right of Children to Free and
Compulsory Education Act.
➢ It describes the modalities of the provision of free and
compulsory education for children between 6 and 14 in
India under Article 21A of Indian Constitution.
➢ India became one of 135 countries to make education a
fundamental right of every child when the act came into
force on 1st April 2010.
109
RIGHT TO EDUCATION ACT, 2008

Important Definitions:
“Compulsory Education” defined as the obligation of
the state to take all necessary steps to ensure that every child
participates in, and completes Elementary Education.
“Free Education” defined as freedom from liability to –
i) Pay any fee to the school.
ii) Incur such other prescribed expenses as may be
likely to prevent the child from participating in and
completing elementary education.
▪ There is no direct (school fees) or indirect cost (uniform,
textbooks, mid – day meals, transportation) to be borne by
child or parents to obtain elementary education. The
government will provide schooling free – of – cost until a
child’s elementary education is completed.
110

Objectives of RTE Act:
a) To provide for free and compulsory education to all
children of the age 6 to 14 years.
b) Emphasis is on children belonging to disadvantaged group.
Main Provisions of RTE Act 2009:
❖It specifies the duties and responsibilities of appropriate
Governments, local authority and parents in providing free
and compulsory education and sharing of financial and
other responsibilities between State and Central
Governments.
❖It lays down the norms and standards relating to Pupil
Teacher Ratios (PTRs), buildings and infrastructure, school
– working days, teaching working hours.
111

❖It provides for rational deployment of teachers by ensuring
that the specified pupil teacher ratio is maintained for each
school.
❖It also provides for publication of deployment of teachers
for non – educational work, other than census, elections to
local authority, state legislatures and parliament and
disaster relief.
❖This act provides for appointment of appropriately trained
teachers, (i.e.) teachers with the requisite entry and
academic qualifications.
❖It prohibits – a) physical punishment and mental
harassment, b) screening procedures for admission of
children, c) capitation fee, d) private tuition by teachers and
e) running of schools without recognition.
112

Schemes Launched:
a) Navodaya Vidyalaya Samiti:
✓ This scheme is to provide good quality modern education
to the talented children predominantly from the rural areas,
without regard to their family’s socio – economic condition.
b) Sarva Shiksha Abhiyan (SSA):
✓ Sarva Shiksha Abhiyan is Government of India’s flagship
programme for achievement of Universalization of
Elementary Education (UEE) in a time bound manner, as
mandated by 86th amendment to the Constitution of India
making free and compulsory education to the Children of 6
– 14 years age group, a Fundamental Right.
113

Salient features of RTE Act, 2008:
i) Every child in age group of 6 – 14 has right to get free and
compulsory education in neighborhood school.
ii) Private schools will have to take 25% of their class
strength fro weaker section and disadvantaged group of
society through random selection process.
iii) No seats in this quota can be left vacant.
iv) All schools will have to prescribe to norms and standards
laid out in Act and no school that doesn’t fulfill these
standards within 3 years will be allowed to function.
v) No donation and capitation fee is allowed.
vi) No admission test or interview either for child or parents.
vii) No children can be held back, expelled and required to
pass the board examination. 114

viii) There is no provision for establishment of commissions
to supervise the implementation of act.
ix) A fixed student and teacher ratio is to be maintained.
x) All schools have to adhere to rules and regulations laid
down in this act.
xi) Norms for teachers training and qualification are also
clearly mentioned in the act.
xii) All schools except private, unaided schools are to be
managed by School Management Committee with 75% of
parents and guardians as members.
115

116Unit 3 – Information Laws

117Unit 3 – Information Laws

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