Section No

I. PRELIMINARY

I

1

Short Title, Extent, Commencement and Application

(1)

This Act may be called the Information Technology Act, 2000.

(2)

It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention thereunder committed outside India by any person.

(3)

 It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

(4)

Nothing in this Act shall apply to,

(a)

a "Negotiable Instrument" (Other than a Cheque)*as defined in section 13 of the Negotiable Instruments Act, 1881; (*  Inserted vide Negotiable Instruments Amendment Act 2002, -Effective from 6th Day of February 2003.)

(b)

a "Power-of-Attorney" as defined in section 1 A of the Powers-of-Attorney   Act,1882;

(c)

a "Trust" as defined in section 3 of the Indian Trusts Act, 1882;

(d)

a "Will" as defined in clause (h) of section 2 of the Indian Succession Act,   1925 including any other testamentary disposition by whatever name called;

(e)

any "Contract for the Sale "or "Conveyance "of Immovable property or any  interest in such property;

(f)

any such class of documents or transactions as may be notified by the Central Government in the Official Gazette.

2

Definitions

(1)

In this Act, unless the context otherwise requires,

(a)

"Access" with its grammatical variations and cognate expressions means   gaining entry into, instructing or communicating with the logical,   arithmetical, or memory function resources of a computer, computer system or   computer network;

(b)

"Addressee" means a person who is intended by the originator to receive   the electronic record but does not include any intermediary;

(c)

"Adjudicating Officer" means adjudicating officer appointed under   subsection (1) of section 46;

(d)

"Affixing Digital Signature" with its grammatical variations and cognate  expressions means adoption of any methodology or procedure by a person for the  purpose of authenticating an electronic record by means of digital signature;

(e)

"Appropriate Government" means as respects any matter.

(f)

"Asymmetric Crypto System" means a system of a secure key pair consisting   of a private key for creating a digital signature and a public key to verify  the digital signature;

(g)

"Certifying Authority" means a person who has been granted a licence to   issue a Digital Signature Certificate under section 24;

(h)

"Certification Practice Statement" means a statement issued by a  Certifying Authority to specify the practices that the Certifying Authority  employs in issuing Digital Signature Certificates;

(i)

"Computer" means any electronic, magnetic, optical or other high-speed  data processing device or system which performs logical, arithmetic, and  memory functions by manipulations of electronic, magnetic or optical  impulses, and includes all input, output, processing, storage, computer  software, or communication facilities which are connected or related to the  computer in a computer system or computer network;

(j)

"Computer Network" means the interconnection of one or more computers  through-
 

(k)

 "Computer Resource" means computer, computer system, computer network,  data, computer database or software;

(l)

"Computer System" means a device or collection of devices, including input   and output support devices and excluding calculators which are not  programmable and capable of being used in conjunction with external files,  which contain computer programmes, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;

(m)

"Controller" means the Controller of Certifying Authorities appointed under sub-section (7) of section 17;

(n)

"Cyber Appellate Tribunal" means the Cyber Regulations Appellate Tribunal   established under sub-section (1) of section 48;

(o)

"Data" means a representation of information, knowledge, facts, concepts   or instructions which are being prepared or have been prepared in a formalised   manner, and is intended to be processed, is being processed or has been   processed in a computer system or computer network. ,.and may be in any form   (including computer printouts magnetic or optical storage media, punched   cards, punched tapes) or stored internally in the memory of the computer;

(p)

"Digital Signature" means authentication of any electronic record by a  subscriber by means of an electronic method or procedure in accordance with  the provisions of section 3;

(q)

"Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;

(r)

"Electronic Form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;

(s)

"Electronic Gazette" means official Gazette published in the electronic form;

(t)

"Electronic Record" means data, record or data generated, image or sound  stored, received or sent in an electronic form or micro film or computer generated micro fiche;

(u)

"Function", in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer;

(v)

"Information" includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche;

(w)

"Intermediary" with respect to any particular electronic message means any  person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message;

(x)

"Key Pair", in an asymmetric crypto system, means a private key and its  mathematically related public key, which are so related that the public key can verify a digital signature created by the private key;

(y)

 "Law" includes any Act of Parliament or of a State Legislature, Ordinances   promulgated by the President or a Governor, as the case may be. Regulations   made by the President under article 240, Bills enacted as President's Act  under sub-clause (a) of clause (1) of article 357 of the Constitution and   includes rules, regulations, bye-laws and orders issued or made thereunder

(z)

"Licence" means a licence granted to a Certifying Authority under section   24;

(za)

 "Originator" means a person who sends, generates, stores or transmits any   electronic message or causes any electronic message to be sent, generated,   stored or transmitted to any other person but does not include an intermediary;

(zb)

 "Prescribed" means prescribed by rules made under this Act;

(zc)

 "Private Key" means the key of a key pair used to create a digital  signature;

(zd)

"Public Key" means the key of a key pair used to verify a digital  signature and listed in the Digital Signature Certificate;

(ze)

"Secure System" means computer hardware, software, and procedure that -:
 

(zf)

"Security Procedure" means the security procedure prescribed under  section 16 by the Central Government;

(zg)

"Subscriber" means a person in whose name the Digital Signature  Certificate is issued;

(zh)

"Verify" in relation to a digital signature, electronic record or  public key, with its grammatical variations and cognate expressions means to  determine whether
 

(2)

Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding  law, if any, in force in that area.