| SECTIONS |
Information
Technology Act, 2000
As Amended by Information Technology
Amendment Act, 2008 |
| |
|
| |
CHAPTER
I: PRELIMINARY |
| 1. |
Short
Title, Extent, Commencement and Application |
| 2. |
Definitions |
| |
|
| |
CHAPTER
II: DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE |
| 3. |
Authentication
of Electronic Records |
| 3-A. |
Electronic
Signature |
| |
|
| |
CHAPTER
III: ELECTRONIC GOVERNANCE |
| 4. |
Legal
Recognition of Electronic Records |
| 5. |
Legal
recognition of Electronic Signature |
| 6. |
Use
of Electronic Records and Electronic Signature in Government
and its agencies |
| 6-A. |
Delivery
of Services by Service Provider |
| 7. |
Retention
of Electronic Records |
| 7-A. |
Audit
of Documents etc in Electronic form |
| 8. |
Publication
of rules, 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 |
| 10-A. |
Validity
of contracts formed through electronic means |
| |
|
| |
CHAPTER
IV: ATTRIBUTION, ACKNOWLEDGMENT AND DISPATCH OF ELECTRONIC
RECORDS |
| 11. |
Attribution
of Electronic Records |
| 12. |
Acknowledgement
of Receipt |
| 13. |
Time
and place of despatch and receipt of electronic record |
| |
|
| |
CHAPTER
V: SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURES |
| 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. |
The
Controller may perform all or any of the following functions,
namely |
| 19. |
Recognition
of foreign Certifying Authorities |
| 20. |
Omitted |
| 21. |
License
to issue electronic signature certificates |
| 22. |
Application
for license |
| 23. |
Renewal
of license |
| 24. |
Procedure
for grant or rejection of license |
| 25. |
Suspension
of License |
| 26. |
Notice
of suspension or revocation of license |
| 27. |
Power
to delegate |
| 28. |
Power
to investigate contraventions |
| 29. |
Access
to computers and data |
| 30. |
Duties
of Certifying Authorities |
| 31. |
Certifying
Authority to ensure compliance of the Act, etc |
| 32. |
Display
of license |
| 33. |
Surrender
of license |
| 34. |
Disclosure |
| |
|
| |
CHAPTER
VII: ELECTRONIC SIGNATURE CERTIFICATES |
| 35. |
Certifying
Authority for the issue of a Digital 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 |
| 40-A. |
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. |
| 43-A. |
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 CYBER APPELLATE TRIBUNAL |
| 48. |
Establishment
of Cyber Appellate Tribunal |
| 49. |
Composition
of Cyber Appellate Tribunal |
| 50. |
Qualifications
for appointment as Chairperson and Members of Cyber Appellate
Tribunal |
| 51. |
Term
of office, conditions of service etc of Chairperson and
Members |
| 52. |
Salary,
allowance and other terms and conditions of service of
Chairperson and Member |
| 52-A. |
Powers
of superintendence, direction, etc |
| 52-B. |
Distribution
of Business among Benches |
| 52-C. |
Powers
of the Chairperson to transfer cases |
| 52-D. |
Decision
by majority |
| 53. |
Filling
up of vacancies |
| 54. |
Resignation
and removal |
| 55. |
Orders
constituting Appellate Tribunal to be final and not to
invalidate its proceedings |
| 56. |
Staff
of the Cyber Appellate Tribunal |
| 57. |
Appeal
to Cyber Regulations Appellate Tribunal |
| 58. |
Procedure
and Powers of the Cyber Appellate Tribunal. |
| 59. |
Right
to legal representation |
| 60. |
Limitation |
| 61. |
Civil
court not to have jurisdiction |
| 62. |
Appeal
to High court |
| 63. |
Compounding
of Contravention |
| 64. |
Recovery
of Penalty or compensation |
| |
|
| |
CHAPTER
XI: OFFENCES |
| 65. |
Tampering
with Computer Source Documents |
| 66. |
Computer
Related Offences |
| 66-A. |
Punishment
for sending offensive messages through communication service,
etc. |
| 66-B. |
Punishment
for dishonestly receiving stolen computer resource or
communication device |
| 66-C. |
Punishment
for identity theft |
| 66-D. |
Punishment
for cheating by personation by using computer resource |
| 66-E. |
Punishment
for violation of privacy |
| 66-F. |
Punishment
for cyber terrorism |
| 67. |
Punishment
for publishing or transmitting obscene material in electronic
form |
| 67-A. |
Punishment
for publishing or transmitting of material containing
sexually explicit act, etc. in electronic form |
| 67-B. |
Punishment
for publishing or transmitting of material depicting children
in sexually explicit act, etc. in electronic form |
| 67-C. |
Preservation
and Retention of information by intermediaries |
| 68. |
Power
of Controller to give directions |
| 69. |
Powers
to issue directions for interception or monitoring or
decryption of any information through any computer resource |
| 69-A. |
Power
to issue directions for blocking for public access of
any information through any computer resource |
| 69-B. |
Power
to authorize to monitor and collect traffic data or information
through any computer resource for Cyber Security |
| 70. |
Protected
system |
| 70-A. |
National
nodal agency |
| 70-B. |
Indian
Computer Emergency Response Team to serve as national
agency for incident response |
| 71. |
Penalty
for misrepresentation |
| 72. |
Breach
of confidentiality and privacy |
| 72-A. |
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 contraventions committed outside
India |
| 76. |
Confiscation |
| 77. |
Compensation,
penalties or confiscation not to interfere with other
punishment |
| 77-A. |
Compounding
of Offences |
| 77-B. |
Offences
with three years imprisonment to be cognizable |
| 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
XII A: EXAMINER OF ELECTRONIC EVIDENCE |
| 79-A. |
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 |
| 81-A. |
Application
of the Act to Electronic cheque and Truncated cheque |
| 82. |
Chairperson,
Members, Officers and Employees to be Public Servants |
| 83. |
Power
to Give Direction |
| 84. |
Protection
of Action taken in Good Faith |
| 84-A. |
Modes
or methods for encryption |
| 84-B. |
Punishment
for abetment of offences |
| 84-C. |
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 |
