Information Technology Act 2000

India is one of the few countries other than U.S.A, Singapore, Malaysia in the world that have Information Technology Act to promote E-Commerce and electronic transactions. Indian parliament has already passed the legislation known as Information Technology Act 2000 drafted by the Ministry of Communications and Information Technology.

The passing of the Information Technology Act by the Indian Parliament has now paved way for the legal recognition of transactions carried out by means of "electronic commerce”. Electronic commerce can now be carried out by persons to whom a "Digital Certificate" is issued. Any person to whom such certificate is issued can now authenticate an electronic record by affixing his digital signature to the document.

Some of the peculiar features of the cyber world are: a) No physical boundaries. b) No writing. c) No handwritten signature, seals, thumb impression. d) Lack of Security, risk factor high. e) Taxes, rules, regulations, between Countries not clearly defined. f) Technology fast changing. g) Ignorance of Common man about technology. h) No single authority over Internet who can decide

Objectives It is proposed to provide for legal recognition of electronic records and digital signatures. To prevent the possible misuse arising out of transactions and other dealings concluded over the electronic medium, it is also proposed to create civil and criminal liabilities for contravention of the provisions of the proposed legislation. It is proposed to provide for the use and acceptance of electronic records and digital signatures in the Government offices and its agencies

Highlights of the Information Technology Act 2000 Electronic Contracts will be legally valid. LEGAL recognition of Digital signatures. Security procedure for Electronic records and Digital signature. Appointment of Certifying Authorities (CAs) and controller Controller to Act as repository of all Digital Certificates. Certifying Authorities to get license to issue Digital 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. Act to apply for offences or Contraventions committed outside India Power of Police Officers and other Officers to enter into any public place and search and arrest without warrant. Constitution of Cyber Regulations Advisory Committee who will advice the Central Government and Controller. Amendments in Indian Penal Code, Indian Evidence Act, Banker's Books Evidence Act and Reserve Bank of India Act