Main provisions contained in Information Technology Act, 2000:
The Information Technology Act, 2000, was enacted to make, in the main, three kinds of provisions, as under:
- It provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, usually referred to, as “electronic Commerce”.
- It facilitates the electronic filing of documents with the Government agencies, (and also with the publication of rules etc, in the electronic form).
- It amends the, Indian Penal Code, the Indian Evidence Act, 1872, the Bankers’ Book Evidence Act, 1891, and the Reserve Bank of India Act, 1934, to bring in electronic documentation within the purview of the respective enactments.
Significance of electronic record:
“Electronic record” means data, recorded or data generated, image or sound stored, received, or sent in an electronic form or microfilm or computer-generated micro fiche. [Section 2(1)(t)] Since, in an electronic record, the maker remains behind the curtain, it was considered desirable to make a provision for – attribution of the record. An electronic record is attributed to the “originator” [Defined in Section 2(1) (za)] Broadly, the “originator” is the person at whose instance it was sent in the following cases –
- if it was sent by the originator himself
- if it was sent by a person authorised to act on behalf of the originator in respect of that electronic record
- if it was sent by an information system programmed by or on behalf of the originator to operate automatically. (Section 11) Regarding acknowledgement of receipt of electronic records, the Act provides that where there is no agreement that the acknowledgment be given in a particular form etc. then the acknowledgement may be given.
Offences provided in Information Technology Act, 2000 for various kinds of misuse of computer:
The offences provided in the Information Technology Act, 2000, for various kinds of misuse of computer are as follows:
- Tampering with computer source documents: Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
- Computer related offences: If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both (Section 66). The offences listed in the Act are the following- Dishonestly receiving stolen computer resource or communication device Identity theft, cheating by personation by using computer resource, Violation of privacy Cyber terrorism, Publishing or transmitting of material containing sexually explicit act, etc., in electronic form, Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form, Misrepresentation, Breach of confidentiality and privacy Disclosure of information in breach of lawful contract, Publishing electronic signature Certificate false in certain particulars, Publication for fraudulent purpose.
Appellate Tribunal:
Chapter X of the Act provides for the establishment of Appellate Tribunal. (Sections 48-62). The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997, shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017). Be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.
Offences and punishment:
If any person, dishonestly or fraudulently, does any act referred to in Section 43 of the Information Technology Act, 2000, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. (Section 66 of the Information Technology Act, 2000) The offences listed in the Information Technology Act, 2000 are as follows:
- Dishonestly receiving stolen computer resource or communication – Identity theft
- Cheating by personation by using computer resource
- Violation of privacy – Cyber terrorism
- Publishing or transmitting of material containing sexually explicit act, etc, in electronic form
- Publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form sexually
- Misrepresentation
- Breach of confidentiality and privacy
- Disclosure of information in breach of lawful contract -Publishing electronic signature Certificate false in certain particulars – Publication for fraudulent purpose.
Case Laws on Information Technology Act, 2000
- State of Tamil Nadu v. Dr. L Prakash (W.P.M.P.No. 10120 of 2002): In this case, an FIR was registered against Dr. L Prakash under Section 67 of the IT Act, 2000 read with Section 4 & 6 of the Indecent Representation of Women Act, Section 27 of the Arms Act, and Sections 120B & 506 (2) of the IPC. The said case was registered as Dr. L Prakash was accused of making pornographic videos and then sending those to the US & France for publication on pornographic websites. The Fast Track Court convicted the accused under the aforesaid provisions and sentenced him to undergo imprisonment for life. A fine of Rs. 1.27 lakh was also imposed on him. This case is a landmark in the Cyber Crime Law as it was the first time that pornographic websites and their brokers were targeted in India.
- State of Tamil Nadu v. Suhas Katti [CC No. 4680 of 2004] : In this case, a complaint was filed by the victim u/s 67 of the IT Act and Section 469 & 509 of the IPC, 1860. It was alleged that the accused posted obscene messages related to the victim in various groups with the intention to harass the woman. He also shared her phone number and created a fake account in her name to cause disrepute to her. The court convicted the accused under the Sections. This case is a landmark since it inspired people around the country to come forward and file cases related to harassment on the Internet.
Conclusion:
Information Technology Act, 2000 (hereinafter referred to as “IT Act) was enacted in India to provide legal recognition to transactions carried out through electronic mediums, and to facilitate the electronic filing of documents with the Government Agencies. In this way, various courts around the country have interpreted the provisions of the IT Act, 2000 according to the facts and circumstances of the cases. Government also plays a significant role in regulating the digital space.
