CyberLaw : Overview of the Indian IT Act 2000
(Authored by Ullas Tharakan)

In India, the IT Bill 2000 was adopted in October 2000 and is called the Information Technology Act 2000. This act consists of 12 parts and runs into a length of 44 pages.
• Part I of the Act: Outlines the general purpose of the Act, provides definitions for terminologies used within the Act and defines the scope of the application of the Act

• Part II of the Act: In this section, electronic records and electronic signatures are dealt as taken care of. With limited exceptions, electronic records and signatures must be accorded the same treatment as paper records and signatures for purposes of complying with statutory writing, signature, evidentiary and record-keeping requirements. But this does not compel the Government organizations to accept or issue electronic document, if they do not wish to do so. This part addresses the acceptance and use of electronic records and electronic signatures by governmental entities.

• Part III of the Act: This addresses the integrity and authentication of secure electronic records and secure electronic signatures. The concept of a secure electronic record or a secure electronic signature will foster the growth of electronic commerce by providing businesses with assurances that records and signatures which meet the statutory definitions of "secure" records or signatures will be accorded the heightened evidentiary presumptions necessary to make business transactions effectively nonrepudiable.

• Part IV of the Act: This addresses issues of electronic contracting. This Part deals with the form in which an offer and an acceptance may be expressed and legal recognition of contracts formed in an electronic medium. This Part aims to provide increased legal certainty as to the conclusion of contracts by electronic means.

• Part V of the Act: This provides for the appointment and functioning of a Controller for Certifying Authorities who will regulate the issuance of digital certificates by licensed Certifying Authorities.

• Parts VI and VII of the Act: These part addresses the legal issues related to the use of digital signatures. Digital signature technology, which utilizes asymmetric cryptography technology, has been developed to facilitate secure transactions over the Internet and other computer networks. Although the electronic contracting sections of the Act have been drafted to be technologically neutral, these parts have been included to establish rules for the use of the most prominent current technology.

• Part VIII of the Act: Provides for penalties and for their adjudication by an adjudicating officer appointed by the Central Government.

• Part IX of the Act: Provides for the formation, composition, functioning and powers of a Cyber Regulations Appellate Tribunal to which appeal shall lie from the orders of the adjudicating officer. The Civil Court shall not have jurisdiction with reference to the offences set out under this Act. An appeal shall lie to the High Court from the orders of the Cyber Regulations Appellate Tribunal.

• Part X of the Act: Provides criminal penalties for intentional damages or destruction of information systems or data, intentional "trespass" into a system and intentional theft of computer services, tampering with data, interrupting network services and intentionally introducing viruses into computers or computer networks.

• Part XI of the Act: Deals with issues relating to the liability of network service providers.

• Part XII of the Act: Sets out miscellaneous provisions with respect to power to search premises, removal of difficulties, etc.