Vidhi Codex

The Information Technology Act, 2000

The Information Technology Act, 2000

General2000125 sections

The Information Technology Act, 2000 (Act No. 21 of 2000) is India's foundational cyber statute governing electronic commerce, digital signatures, online contracts, and cybersecurity. Enacted to give legal recognition to electronic records and facilitate paperless governance, the Act establishes uncapped civil compensation for hacking and corporate data leaks (Sections 43 & 43A), defines serious cyber crimes like identity theft, privacy invasion, and cyber terrorism (Sections 65–67B), provides safe-harbour immunity for digital platforms (Section 79), and mandates national incident reporting through CERT-In (Section 70B).

Start reading →Read full ActSections
  1. 1. Short title, extent, commencement and application
  2. 2. Definitions
  3. 3. Authentication of electronic records
  4. 3A. Electronic signature
  5. 4. Legal recognition of electronic records
  6. 5. Legal recognition of electronic signatures
  7. 6. Use of electronic records and electronic signatures in Government and its agencies
  8. 6A. Delivery of services by service provider
  9. 7. Retention of electronic records
  10. 7A. Audit of documents, etc., maintained in electronic form
  11. 8. Publication of rule, regulation, etc., in Electronic Gazette
  12. 9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
  13. 10. Power to make rules by Central Government in respect of electronic signature
  14. 10A. Validity of contracts formed through electronic means
  15. 11. Attribution of electronic records
  16. 12. Acknowledgment of receipt
  17. 13. Time and place of despatch and receipt of electronic record
  18. 14. Secure electronic record
  19. 15. Secure electronic signature
  20. 16. Security procedure and practices
  21. 17. Appointment of Controller and other officers
  22. 18. Functions of Controller
  23. 19. Recognition of foreign Certifying Authorities
  24. 20. [Controller to act as repository.]
  25. 21. Licence to issue electronic signature Certificates
  26. 22. Application for licence
  27. 23. Renewal of licence
  28. 24. Procedure for grant or rejection of licence
  29. 25. Suspension of licence
  30. 26. Notice of suspension or revocation of licence
  31. 27. Power to delegate
  32. 28. Power to investigate contraventions
  33. 29. Access to computers and data
  34. 30. Certifying Authority to follow certain procedures
  35. 31. Certifying Authority to ensure compliance of the Act, etc
  36. 32. Display of licence
  37. 33. Surrender of licence
  38. 34. Disclosure
  39. 35. Certifying authority to issue electronic signature Certificate
  40. 36. Representations upon issuance of Digital signature Certificate
  41. 37. Suspension of Digital Signature Certificate
  42. 38. Revocation of Digital Signature Certificate
  43. 39. Notice of suspension or revocation
  44. 40. Generating key pair
  45. 40A. Duties of subscriber of Electronic Signature Certificate
  46. 41. Acceptance of Digital Signature Certificate
  47. 42. Control of private key
  48. 43. Penalty and compensation for damage to computer, computer system, etc
  49. 43A. Compensation for failure to protect data
  50. 44. Penalty for failure to furnish information, return, etc
  51. 45. Residuary penalty
  52. 46. Power to adjudicate
  53. 47. Factors to be taken into account by the adjudicating officer
  54. 48. Establishment of Appellate Tribunal
  55. 49. [Omitted.]
  56. 50. [Omitted.]
  57. 51. [Omitted.]
  58. 52. [Omitted.]
  59. 52A. [Omitted.]
  60. 52B. [Omitted.]
  61. 52C. [Omitted.]
  62. 52D. Decision by majority
  63. 53. [Omitted.]
  64. 54. [Omitted.]
  65. 55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
  66. 56. [Omitted.]
  67. 57. Appeal to Appellate Tribunal
  68. 58. Procedure and powers of the Appellate Tribunal
  69. 59. Right to legal representation
  70. 60. Limitation
  71. 61. Civil court not to have jurisdiction
  72. 62. Appeal to High Court
  73. 63. Compounding of contraventions
  74. 64. Recovery of penalty
  75. 65. Tampering with computer source documents
  76. 66. Computer related offences
  77. 66A. [Omitted.]
  78. 66B. Punishment for dishonestly receiving stolen computer resource or communication device
  79. 66C. Punishment for identity theft
  80. 66D. Punishment for cheating by personation by using computer resource
  81. 66E. Punishment for violation of privacy
  82. 66F. Punishment for cyber terrorism
  83. 67. Punishment for publishing or transmitting obscene material in electronic form
  84. 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
  85. 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
  86. 67C. Preservation and retention of information by intermediaries
  87. 68. Power of Controller to give directions
  88. 69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource
  89. 69A. Power to issue directions for blocking for public access of any information through any computer resource
  90. 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
  91. 70. Protected system
  92. 70A. National nodal agency
  93. 70B. Indian Computer Emergency Response Team to serve as national agency for incident response
  94. 71. Penalty for misrepresentation
  95. 72. Penalty for Breach of confidentiality and privacy
  96. 72A. Penalty for disclosure of information in breach of lawful contract
  97. 73. Penalty for publishing electronic signature Certificate false in certain particulars
  98. 74. Publication for fraudulent purpose
  99. 75. Act to apply for offence or contravention committed outside India
  100. 76. Confiscation
  101. 77. Compensation, penalties or confiscation not to interfere with other punishment
  102. 77A. Compounding of offences
  103. 77B. Offences with three years imprisonment to be bailable
  104. 78. Power to investigate offences
  105. 79. Exemption from liability of intermediary in certain cases
  106. 79A. Central Government to notify Examiner of Electronic Evidence
  107. 80. Power of police officer and other officers to enter, search, etc
  108. 81. Act to have overriding effect
  109. 81A. Application of the Act to electronic cheque and truncated cheque
  110. 82. Chairperson, Members, officers and employees to be public servants
  111. 83. Power to give directions
  112. 84. Protection of action taken in good faith
  113. 84A. Modes or methods for encryption
  114. 84B. Punishment for abetment of offences
  115. 84C. Punishment for attempt to commit offences
  116. 85. Offences by companies
  117. 86. Removal of difficulties
  118. 87. Power of Central Government to make rules
  119. 88. Constitution of Advisory Committee
  120. 89. Power of Controller to make regulations
  121. 90. Power of State Government to make rules
  122. 91. [Omitted]
  123. 92. [Omitted]
  124. 93. [Omitted]
  125. 94. [Omitted]

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