CHAPTER I : PRELIMINARY

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


1-4(a) a negotiable instruments as defined in section 13 of the Negotiable Instruments Act, 1881;

(b) a power-of-attorney as defined in section 1A 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 an adjudicating officer appointed under sub-section (1) of section 46;

2(d)
(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,-

(i) enumerated in List II of the Seventh Schedule to the Constitution;

(ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and

in any other case, the Central Government;

(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 DigitalElectronic[1] 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
2Adifferent types or forms of Electronic  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 manipulation 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
or computer systems through-

(i) the use of satellite, microwave, terrestrial line,
wireless2B or other communication media; and

(ii) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained;

(k) "computer resource" means computer, computer system, computer  network, data, computer data base 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 (1) of section 17;

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

(nn)  2CCyber Café”   means a place where access to electronic form is provided to the public

(o) "data" means a representation of information, knowledge, facts, concepts or instructions which are is 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 subscriber by means of an electronic method or procedure in accordance with provisions section 3;

2D(p) "digital signature" means an electronic signature where authentication of electronic record is in the manner as provided in sub-section (2) of section 5.

(q) “Digital Signature Certificate” means a Digital Signature Certificate” issues under subsection (4) of section 35;
2E(pa) “digital signature certificate” means an electronic signature certificate where authentication is by Digital Signature.

 (qr) "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;

(rs) "Electronic Gazette" means the Official Gazette published in the electronic form;

(st) "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;

(t)    3“electronic signature”  means  authentication of any electronic record by a subscriber by means of an electronic method or procedure in any  manner as the Central Government may prescribe as provided
in section 5 and shall include Digital Signature.  

(tt) "electronic signature certificate" means an Electronic Signature Certificate issued under section 35 and shall include Digital Signature Certificate.

(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,
message, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche;

(w) "intermediary" with respect to any particular electronic
message record 4A means any person who on behalf of another person receives, stores or transmits that record message or provides any service with respect to that electronic that record 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;

4B(zaa)  “Person” means any individual, company or body corporate or association or body of Individuals, whether incorporated or not or artificial juridical person, whether domiciled or resident in India or outside India

(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
Electronic 4CSignature Certificate authenticated by use of Digital Signature ;

(ze) "secure system" means computer hardware, software, and procedure that-

          (a) are reasonably secure from unauthorised access and misuse;

          (b) provide a reasonable level of reliability and correct operation;

          (c) are reasonably suited to performing the intended functions;  

            and


(d) adhere to generally accepted security procedures;

(zf) "security procedure" means the security procedure prescribed under section 16 by the Central Government;

(zg) "subscriber" means a person in whose name the  DigitalElectronic
5A Signature Certificate is issued;

(zh) "verify" in relation to a  digitalelectronic
5A signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether-

(a) the initial electronic record was affixed with the  
digital digitalelectronic5A signature by the use of private key corresponding to the public key of the subscriber;

(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the  digitalelectronic
5A signature.

(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.

1-4 sub-section 1(4) amended to bring flexibility in respect of applicability of IT Act on certain  specific class of documents or transactions.

 [1]  In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

2A The certificate practice statement as at present is associated with digital signature. However  if the technology permits any other form of electronic signature the certification practice statement should also be there, though the contents of such CPS may be different

2B This has been done to include wireless communications explicitly

2C The term “Cyber Café” has been included to address the issues relating to streamlining the functioning of cyber cafes.

2D Digital Signature is one of the types of Electronic Signature as defined in 2(t)

2E Digital Signature Certificate is one of the types of Electronic Signature Certificate as defined in 2(tt)

3 The term electronic signature needs to be defined as including digital signature to make the Act technology neutral.

4A Term “intermediary” has been redefined.

4B A new subsection has been added to define term “Person”

4C . In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

5A . In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral