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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 Act is based on the "United Nations
Commission on International Trade Law" (UNCITRAL) model Law on
Electronic Commerce.
The
passing of the Information Technology Act by the Indian Parliament and the
consequent amendments to the Indian Evidence Act, etc. 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.
It
is important for us to know as to what the Act provides. The job of
drafting legislation for law related to E-commerce and Internet becomes
difficult in view of some of the peculiar features of the cyber world.
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.
The
objectives of the Act are:
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There
is a need for bringing in suitable amendments in the existing laws in
our country to facilitate e-commerce. It is, therefore, proposed to
provide for legal recognition of electronic records and digital
signatures. This will enable the conclusion of contracts and the
creation or rights and obligations through the electronic medium. It
is also proposed to provide for a regulatory regime to supervise the
Certifying Authorities issuing Digital Certificates. 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.
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With
a view to facilitate Electronic Governance, it is proposed to provide
for the use and acceptance of electronic records and digital
signatures in the Government offices and its agencies. This will make
the citizens interaction with the Governmental offices hassle free.
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It
is also proposed to make consequential amendments in the Indian Penal
Code and the Indian Evidence Act, 1872 to provide for necessary
changes in the various provisions, which deal with offences relating
to documents, and paper based transactions. It is also proposed to
amend the Reserve Bank of India Act, 1934 to facilitate electronic
fund transfers between the financial institutions and banks and the
Bankers' Books Evidence Act, 1891 to give legal sanctity for books of
account maintained in the electronic form by the banks.
Highlights
of the Information Technology Act 2000
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Electronic
Contracts will be legally valid.
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LEGAL
recognition of Digital signatures.
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Digital
signature to be effected by use of asymmetric crypto system and hash
function.
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Security
procedure for Electronic records and Digital signature.
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Appointment
of Certifying Authorities (CAs) and Controller of Certifying
Authorities including recognition of foreign Certifying Authorities.
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Controller
to Act as repository of all Digital Certificates.
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Certifying
Authorities to get license to issue Digital Certificates.
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Various
types of computer crimes defined and stringent penalties provided
under the Act.
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Appointment
of Adjudicating Officer for holding inquiries under the Act.
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Establishment
of Cyber Appellate Tribunal under the Act.
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Appeal
from order of Adjudicating Officer to Cyber Appellate Tribunal and not
to any Civil Court.
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Appeal
from order of Cyber Appellate Tribunal to High Court.
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Act
to apply for offences or Contraventions committed outside India.
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Network
Service providers not to be liable in certain cases.
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Power
of Police Officers and other Officers to enter into any public place
and search and arrest without warrant.
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Constitution
of Cyber Regulations Advisory Committee who will advice the Central
Government and Controller.
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Amendments
in Indian Penal Code, Indian Evidence Act, Banker's Books Evidence Act
and Reserve Bank of India Act
The
Information Technology Act 2000 does not cover the following legal issues.
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Taxation
Issues arising out of e-commerce ,Internet, m-commerce
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Intellectual
Property Rights such as Digital Copyright Issues, Trade Marks, Patents
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Domain
Name Registration Policy ,Domain Name Disputes, Cybersquatting
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Privacy
and Data Protection Issues
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Junk
Mail and Spamming
For Further Details visit http://cca.gov.in
Click here to view
the IT Act 2000 Online
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