Information Technology & Cyber laws notes / PSC Helper/ Education Notes

 Information Technology Act 2000


  • The primary source of cyber law in India is the Information Technology Act, 2000 (IT Act) which came into force on 17 October 2000.
  •  The primary purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.
  • The IT Act also penalizes various cyber crimes and provides strict punishments.
  • An Executive Order dated 12 September 2002 contained instructions relating provisions of the Act with regard to protected systems and application for the issue of a Digital Signature Certificate.
  • Minor errors in the Act were rectified by the Information Technology (Removal of Difficulties) Order, 2002 which was passed on 19 September 2002.
  • The IT Act was amended by the Negotiable Instruments (Amendments and Miscellaneous Provisions) Act, 2002. This introduced the concept of electronic cheques and truncated cheques.
  • Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004 has provided the necessary legal framework for filing of documents with the Government as well as issue of licenses by the Government.
  • It also provides for payment and receipt of fees in relation to the Government bodies.
  • On the same day, the Information Technology (Certifying Authorities) Rules, 2000 also came into force.
  • These rules prescribe the eligibility, appointment and working of Certifying Authorities(CA). These rules also lay down the technical standards, procedures and security methods to be used by a CA.
  • These rules were amended in 2003, 2004 and 2006
  • Information Technology (Certifying Authority) Regulations, 2001 came into force on 9 July 2001. They provide further technical standards and procedures to be used by a CA
  • Two important guidelines relating to CAs were issued. The first are the Guidelines for submission of application for license to operate as a Certifying Authority under the IT Act. These guidelines were issued on 9th July 2001.
  • Next were the Guidelines for submission of certificates and certification revocation lists to the Controller of Certifying Authorities for publishing in National Repository of Digital Certificates. These were issued on 16th December 2002.
  • the Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000 also came into force on 17th October 2000.
  • These rules prescribe the appointment and working of the Cyber Regulations Appellate Tribunal (CRAT) whose primary role is to hear appeals against orders of the Adjudicating Officers.

The Information Technology (Amendment) Act, 2008

  • The Government of India has brought major amendments to ITA-2000 in form of the Information Technology Amendment Act, 2008.
  • The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009
  • A set of Rules relating to Sensitive Personal Information and Reasonable Security Practices (mentioned in section 43A of the ITA, 2008) was released in April 2011.

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