KanoonHQ™
All Acts

THE INFORMATION TECHNOLOGY ACT, 2000

ACT NO. 21 OF 2000 · Enacted [9th June, 2000.] · 125 sections

PRELIMINARY

Section 1.Short title, extent, commencement and application.
Section 2.Definitions.

DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

Section 3.Authentication of electronic records.
Section 3A.Electronic signature.

ELECTRONIC GOVERNANCE

Section 4.Legal recognition of electronic records.
Section 5.Legal recognition of electronic signatures.
Section 6.Use of electronic records and electronic signatures in Government and its agencies.
Section 6A.Delivery of services by service provider.
Section 7.Retention of electronic records.
Section 7A.Audit of documents, etc., maintained in electronic form.
Section 8.Publication of rule, regulation, etc., in Electronic Gazette.
Section 9.Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.
Section 10.Power to make rules by Central Government in respect of electronic signature.
Section 10A.Validity of contracts formed through electronic means.

ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

Section 11.Attribution of electronic records.
Section 12.Acknowledgment of receipt.
Section 13.Time and place of despatch and receipt of electronic record.

SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE

Section 14.Secure electronic record.
Section 15.Secure electronic signature.
Section 16.Security procedures and practices.

REGULATION OF CERTIFYING AUTHORITIES

Section 17.Appointment of Controller and other officers.
Section 18.Functions of Controller.
Section 19.Recognition of foreign Certifying Authorities.
Section 20.[Omitted.].
Section 21.Licence to issue electronic signature Certificates.
Section 22.Application for licence.
Section 23.Renewal of licence.
Section 24.Procedure for grant or rejection of licence.
Section 25.Suspension of licence.
Section 26.Notice of suspension or revocation of licence.
Section 27.Power to delegate.
Section 28.Power to investigate contraventions.
Section 29.Access to computers and data.
Section 30.Certifying Authority to follow certain procedures.
Section 31.Certifying Authority to ensure compliance of the Act, etc.
Section 32.Display of licence.
Section 33.Surrender of licence.
Section 34.Disclosure.

ELECTRONIC SIGNATURE CERTIFICATES

Section 35.Certifying authority to issue electronic signature Certificate.
Section 36.Representations upon issuance of Digital signature Certificate.
Section 37.Suspension of Digital Signature Certificate.
Section 38.Revocation of Digital Signature Certificate.
Section 39.Notice of suspension or revocation.

DUTIES OF SUBSCRIBERS

Section 40.Generating key pair.
Section 40A.Duties of subscriber of Electronic Signature Certificate.
Section 41.Acceptance of Digital Signature Certificate.
Section 42.Control of private key.

PENALTIES, COMPENSATION AND ADJUDICATION

Section 43.Penalty and compensation for damage to computer, computer system, etc.
Section 43A.Compensation for failure to protect data.
Section 44.Penalty for failure to furnish information, return, etc.
Section 45.Residuary penalty.
Section 46.Power to adjudicate.
Section 47.Factors to be taken into account by the adjudicating officer.

THE APPELLATE TRIBUNAL

Section 48.Appellate Tribunal.
Section 49.[Omitted.].
Section 50.[Omitted.].
Section 51.[Omitted.].
Section 52.[Omitted.].
Section 52A.[Omitted.].
Section 52B.[Omitted.].
Section 52C.[Omitted.].
Section 52D.Decision by majority.
Section 53.[Omitted.].
Section 54.[Omitted.].
Section 55.Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
Section 56.[Omitted.].
Section 57.Appeal to Appellate Tribunal.
Section 58.Procedure and powers of the Appellate Tribunal.
Section 59.Right to legal representation.
Section 60.Limitation.
Section 61.Civil court not to have jurisdiction.
Section 62.Appeal to High Court.
Section 63.Compounding of contraventions.
Section 64.Recovery of penalty or compensation.

OFFENCES

Section 65.Tampering with computer source documents.
Section 66.Computer related offences.
Section 66A.Punishment for sending offensive messages through communication service, etc.
Section 66B.Punishment for dishonestly receiving stolen computer resource or communication device.
Section 66C.Punishment for identity theft.
Section 66D.Punishment for cheating by personation by using computer resource.
Section 66E.Punishment for violation of privacy.
Section 66F.Punishment for cyber terrorism.
Section 67.Punishment for publishing or transmitting obscene material in electronic form.
Section 67A.Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.
Section 67B.Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.
Section 67C.Preservation and retention of information by intermediaries.
Section 68.Power of Controller to give directions.
Section 69.Power to issue directions for interception or monitoring or decryption of any information through any computer resource.
Section 69A.Power to issue directions for blocking for public access of any information through any computer resource.
Section 69B.Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.
Section 70.Protected system.
Section 70A.National nodal agency.
Section 70B.Indian Computer Emergency Response Team to serve as national agency for incident response.
Section 71.Penalty for misrepresentation.
Section 72.Penalty for Breach of confidentiality and privacy.
Section 72A.Punishment for disclosure of information in breach of lawful contract.
Section 73.Penalty for publishing electronic signature Certificate false in certain particulars.
Section 74.Publication for fraudulent purpose.
Section 75.Act to apply for offence or contravention committed outside India.
Section 76.Confiscation.
Section 77.Compensation, penalties or confiscation not to interfere with other punishment.
Section 77A.Compounding of offences.
Section 77B.Offences with three years imprisonment to be bailable.
Section 78.Power to investigate offences.

INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES

Section 79.Exemption from liability of intermediary in certain cases.

EXAMINER OF ELECTRONIC EVIDENCE

Section 79A.Central Government to notify Examiner of Electronic Evidence.

MISCELLANEOUS

Section 80.Power of police officer and other officers to enter, search, etc.
Section 81.Act to have overriding effect.
Section 81A.Application of the Act to electronic cheque and truncated cheque.
Section 82.Controller, Deputy Controller and Assistant Controller to be public servants.
Section 83.Power to give directions.
Section 84.Protection of action taken in good faith.
Section 84A.Modes or methods for encryption.
Section 84B.Punishment for abetment of offences.
Section 84C.Punishment for attempt to commit offences.
Section 85.Offences by companies.
Section 86.Removal of difficulties.
Section 87.Power of Central Government to make rules.
Section 88.Constitution of Advisory Committee.
Section 89.Power of Controller to make regulations.
Section 90.Power of State Government to make rules.
Section 91.[Omitted.].
Section 92.[Omitted.].
Section 93.[Omitted.].
Section 94.[Omitted.].