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The information technology act, 2000

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Publication details: Delhi Universal Law Publishing Co.Pvt.Ltd. 2012Description: 203pSubject(s): DDC classification:
  • 343.09945 INF
Contents:
Contents: THE INFORMATION TECHNOLOGY ACT, 2000; ARRANGEMENT OF SECTIONS; CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE 3. Authentication of electronic records. 3A. Electronic signature. CHAPTER III ELECTRONIC GOVERNANCE 4. Legal recognition of electronic records. 5. Legal recognition of electronic signatures. 6. Use of electronic records and electronic signatures in Government and its agencies. 6A. Delivery of services by service provider. 7. Retention of electronic records. 7A. Audit of documents, etc., maintained in electronic form. 8. Publication of rule, regulation, etc., in Electronic Gazette. 9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form. 10. Power to make rules by Central Government in respect of electronic signature. 10A. Validity of contracts formed through electronic means. CHAPTER IV ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS 11. Attribution of electronic records. 12. Acknowledgment of receipt. 13. Time and place of despatch and receipt of electronic record. CHAPTER V SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE 14. Secure electronic record. 15. Secure electronic signature. 16. Security procedures and practices. CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES 17. Appointment of Controller and other officers. 18. Functions of Controller. 19. Recognition of foreign Certifying Authorities. 20. [Omitted.]. 21. Licence to issue electronic signature Certificates. 22. Application for licence. 23. Renewal of licence. 24. Procedure for grant or rejection of licence. 25. Suspension of licence. 26. Notice of suspension or revocation of licence. 2 SECTIONS 27. Power to delegate. 28. Power to investigate contraventions. 29. Access to computers and data. 30. Certifying Authority to follow certain procedures. 31. Certifying Authority to ensure compliance of the Act, etc. 32. Display of licence. 33. Surrender of licence. 34. Disclosure. CHAPTER VII ELECTRONIC SIGNATURE CERTIFICATES 35. Certifying authority to issue electronic signature Certificate. 36. Representations upon issuance of Digital signature Certificate. 37. Suspension of Digital Signature Certificate. 38. Revocation of Digital Signature Certificate. 39. Notice of suspension or revocation. CHAPTER VIII DUTIES OF SUBSCRIBERS 40. Generating key pair. 40A. Duties of subscriber of Electronic Signature Certificate. 41. Acceptance of Digital Signature Certificate. 42. Control of private key. CHAPTER IX PENALTIES, COMPENSATION AND ADJUDICATION 43. Penalty and compensation for damage to computer, computer system, etc. 43A. Compensation for failure to protect data. 44. Penalty for failure to furnish information, return, etc. 45. Residuary penalty. 46. Power to adjudicate. 47. Factors to be taken into account by the adjudicating officer. CHAPTER X THE APPELLATE TRIBUNAL 48. Appellate Tribunal. 49. [Omitted.]. 50. [Omitted.]. 51. [Omitted.]. 52. [Omitted.]. 52A. [Omitted.]. 52B. [Omitted.]. 52C. [Omitted.]. 52D. Decision by majority. 53. [Omitted.]. 54. [Omitted.]. 55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings. 56. [Omitted.]. 57. Appeal to Appellate Tribunal. 58. Procedure and powers of the Appellate Tribunal. 59. Right to legal representation. 60. Limitation. 61. Civil court not to have jurisdiction. 62. Appeal to High Court. 63. Compounding of contraventions. 3 SECTIONS 64. Recovery of penalty or compensation. CHAPTER XI OFFENCES 65. Tampering with computer source documents. 66. Computer related offences. 66A. Punishment for sending offensive messages through communication service, etc. 66B. Punishment for dishonestly receiving stolen computer resource or communication device. 66C. Punishment for identity theft. 66D. Punishment for cheating by personation by using computer resource. 66E. Punishment for violation of privacy. 66F. Punishment for cyber terrorism. 67. Punishment for publishing or transmitting obscene material in electronic form. 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. 67C. Preservation and retention of information by intermediaries. 68. Power of Controller to give directions. 69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource. 69A. Power to issue directions for blocking for public access of any information through any computer resource. 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security. 70. Protected system. 70A. National nodal agency. 70B. Indian Computer Emergency Response Team to serve as national agency for incident response. 71. Penalty for misrepresentation. 72. Penalty for Breach of confidentiality and privacy. 72A. Punishment for disclosure of information in breach of lawful contract. 73. Penalty for publishing electronic signature Certificate false in certain particulars. 74. Publication for fraudulent purpose. 75. Act to apply for offence or contravention committed outside India. 76. Confiscation. 77. Compensation, penalties or confiscation not to interfere with other punishment. 77A. Compounding of offences. 77B. Offences with three years imprisonment to be bailable. 78. Power to investigate offences. CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES 79. Exemption from liability of intermediary in certain cases. CHAPTER XIIA EXAMINER OF ELECTRONIC EVIDENCE 79A. Central Government to notify Examiner of Electronic Evidence. CHAPTER XIII MISCELLANEOUS 80. Power of police officer and other officers to enter, search, etc. 81. Act to have overriding effect. 81A. Application of the Act to electronic cheque and truncated cheque. 82. Controller, Deputy Controller and Assistant Controller to be public servants. 4 SECTIONS 83. Power to give directions. 84. Protection of action taken in good faith. 84A. Modes or methods for encryption. 84B. Punishment for abetment of offences. 84C. Punishment for attempt to commit offences. 85. Offences by companies. 86. Removal of difficulties. 87. Power of Central Government to make rules. 88. Constitution of Advisory Committee. 89. Power of Controller to make regulations. 90. Power of State Government to make rules. 91. [Omitted.]. 92. [Omitted.]. 93. [Omitted.]. 94. [Omitted.]. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE [Omitted.]. THE FOURTH SCHEDULE [Omitted.]. -The Information Technology (Certifying Authorities) Rules, 2000 as amended by (Amendment) Rules, 2011; -The Cyber Regulations Applellate Tribunal (Procedure) Rules, 2000; -List of Chairman and Members of Cyber Regulation Advisory Committee; -The Information Technology (Certifying Authority) Regulations, 2001; -The Information Technology (Other Powers of Civil Court Vested in Cyber Appellate Tribunal) Rules, 2003; -The Information Technology (Other Standards) Rues, 2003; -The Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003; -The Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004; -The Information Technology (Security Procedure) Rules, 2004; -The Cyber Appellate Tribunal (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members) Rules, 2009; -The Cyber Appellate Tribunal (Procedure for Investigation of Misbehavior or incapacity of Chairpersonand Members) Rules, 2009; -The Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009; -The Information Technology (Procedure and Safeguards for Blocking for Access of Informtion by public) Rules, 2009; -The Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009; -The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; -The Information Technology (Intermediaries Guidelines) Rules, 2011; -The Information Technology (Guidelines for Cyber Cafe) Rules, 2011; -The Information Technology (Electronic Service Delivery) Rules, 2011.
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BOOKs BOOKs National Law School SC/ST Section (NAB Compactor) 343.09945 INF (Browse shelf(Opens below)) Available 28433

Contents:
THE INFORMATION TECHNOLOGY ACT, 2000;

ARRANGEMENT OF SECTIONS;
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
3. Authentication of electronic records.
3A. Electronic signature.
CHAPTER III
ELECTRONIC GOVERNANCE
4. Legal recognition of electronic records.
5. Legal recognition of electronic signatures.
6. Use of electronic records and electronic signatures in Government and its agencies.
6A. Delivery of services by service provider.
7. Retention of electronic records.
7A. Audit of documents, etc., maintained in electronic form.
8. Publication of rule, regulation, etc., in Electronic Gazette.
9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.
10. Power to make rules by Central Government in respect of electronic signature.
10A. Validity of contracts formed through electronic means.
CHAPTER IV
ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS
11. Attribution of electronic records.
12. Acknowledgment of receipt.
13. Time and place of despatch and receipt of electronic record.
CHAPTER V
SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE
14. Secure electronic record.
15. Secure electronic signature.
16. Security procedures and practices.
CHAPTER VI
REGULATION OF CERTIFYING AUTHORITIES
17. Appointment of Controller and other officers.
18. Functions of Controller.
19. Recognition of foreign Certifying Authorities.
20. [Omitted.].
21. Licence to issue electronic signature Certificates.
22. Application for licence.
23. Renewal of licence.
24. Procedure for grant or rejection of licence.
25. Suspension of licence.
26. Notice of suspension or revocation of licence.
2
SECTIONS
27. Power to delegate.
28. Power to investigate contraventions.
29. Access to computers and data.
30. Certifying Authority to follow certain procedures.
31. Certifying Authority to ensure compliance of the Act, etc.
32. Display of licence.
33. Surrender of licence.
34. Disclosure.
CHAPTER VII
ELECTRONIC SIGNATURE CERTIFICATES
35. Certifying authority to issue electronic signature Certificate.
36. Representations upon issuance of Digital signature Certificate.
37. Suspension of Digital Signature Certificate.
38. Revocation of Digital Signature Certificate.
39. Notice of suspension or revocation.
CHAPTER VIII
DUTIES OF SUBSCRIBERS
40. Generating key pair.
40A. Duties of subscriber of Electronic Signature Certificate.
41. Acceptance of Digital Signature Certificate.
42. Control of private key.
CHAPTER IX
PENALTIES, COMPENSATION AND ADJUDICATION
43. Penalty and compensation for damage to computer, computer system, etc.
43A. Compensation for failure to protect data.
44. Penalty for failure to furnish information, return, etc.
45. Residuary penalty.
46. Power to adjudicate.
47. Factors to be taken into account by the adjudicating officer.
CHAPTER X
THE APPELLATE TRIBUNAL
48. Appellate Tribunal.
49. [Omitted.].
50. [Omitted.].
51. [Omitted.].
52. [Omitted.].
52A. [Omitted.].
52B. [Omitted.].
52C. [Omitted.].
52D. Decision by majority.
53. [Omitted.].
54. [Omitted.].
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
56. [Omitted.].
57. Appeal to Appellate Tribunal.
58. Procedure and powers of the Appellate Tribunal.
59. Right to legal representation.
60. Limitation.
61. Civil court not to have jurisdiction.
62. Appeal to High Court.
63. Compounding of contraventions.
3
SECTIONS
64. Recovery of penalty or compensation.
CHAPTER XI
OFFENCES
65. Tampering with computer source documents.
66. Computer related offences.
66A. Punishment for sending offensive messages through communication service, etc.
66B. Punishment for dishonestly receiving stolen computer resource or communication device.
66C. Punishment for identity theft.
66D. Punishment for cheating by personation by using computer resource.
66E. Punishment for violation of privacy.
66F. Punishment for cyber terrorism.
67. Punishment for publishing or transmitting obscene material in electronic form.
67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in
electronic form.
67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act,
etc., in electronic form.
67C. Preservation and retention of information by intermediaries.
68. Power of Controller to give directions.
69. Power to issue directions for interception or monitoring or decryption of any information through
any computer resource.
69A. Power to issue directions for blocking for public access of any information through any
computer resource.
69B. Power to authorise to monitor and collect traffic data or information through any computer
resource for cyber security.
70. Protected system.
70A. National nodal agency.
70B. Indian Computer Emergency Response Team to serve as national agency for incident response.
71. Penalty for misrepresentation.
72. Penalty for Breach of confidentiality and privacy.
72A. Punishment for disclosure of information in breach of lawful contract.
73. Penalty for publishing electronic signature Certificate false in certain particulars.
74. Publication for fraudulent purpose.
75. Act to apply for offence or contravention committed outside India.
76. Confiscation.
77. Compensation, penalties or confiscation not to interfere with other punishment.
77A. Compounding of offences.
77B. Offences with three years imprisonment to be bailable.
78. Power to investigate offences.
CHAPTER XII
INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES
79. Exemption from liability of intermediary in certain cases.
CHAPTER XIIA
EXAMINER OF ELECTRONIC EVIDENCE
79A. Central Government to notify Examiner of Electronic Evidence.
CHAPTER XIII
MISCELLANEOUS
80. Power of police officer and other officers to enter, search, etc.
81. Act to have overriding effect.
81A. Application of the Act to electronic cheque and truncated cheque.
82. Controller, Deputy Controller and Assistant Controller to be public servants.
4
SECTIONS
83. Power to give directions.
84. Protection of action taken in good faith.
84A. Modes or methods for encryption.
84B. Punishment for abetment of offences.
84C. Punishment for attempt to commit offences.
85. Offences by companies.
86. Removal of difficulties.
87. Power of Central Government to make rules.
88. Constitution of Advisory Committee.
89. Power of Controller to make regulations.
90. Power of State Government to make rules.
91. [Omitted.].
92. [Omitted.].
93. [Omitted.].
94. [Omitted.].
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE [Omitted.].
THE FOURTH SCHEDULE [Omitted.].

-The Information Technology (Certifying Authorities) Rules, 2000 as amended by (Amendment) Rules, 2011;
-The Cyber Regulations Applellate Tribunal (Procedure) Rules, 2000;
-List of Chairman and Members of Cyber Regulation Advisory Committee;
-The Information Technology (Certifying Authority) Regulations, 2001;
-The Information Technology (Other Powers of Civil Court Vested in Cyber Appellate Tribunal) Rules, 2003;
-The Information Technology (Other Standards) Rues, 2003;
-The Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003;
-The Information Technology (Use of Electronic Records and Digital Signatures) Rules, 2004;
-The Information Technology (Security Procedure) Rules, 2004;
-The Cyber Appellate Tribunal (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members) Rules, 2009;
-The Cyber Appellate Tribunal (Procedure for Investigation of Misbehavior or incapacity of Chairpersonand Members) Rules, 2009;
-The Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
-The Information Technology (Procedure and Safeguards for Blocking for Access of Informtion by public) Rules, 2009;
-The Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009;
-The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
-The Information Technology (Intermediaries Guidelines) Rules, 2011;
-The Information Technology (Guidelines for Cyber Cafe) Rules, 2011;
-The Information Technology (Electronic Service Delivery) Rules, 2011.

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