Information Technology Act, India, for dummies :)

Caution: this post only offers an overview, please get qualified legal opinion for any serious matter

The Information Technology Act, 2000 addressed many aspects of online behavior: hacking, privacy, obscenity and others. The act defined cyber offences, fixed penalties for them and also defines the powers of the Government. In this age when we are online 24X7; it would be wise to have a basic overview of cyber laws applicable in our country.

This post highlights the main features of IT Act, 2000 which might be useful in our day-to-day online lives (the act underwent major and some controversial amendment in 2008 to reflect changing times and to address several concerns, wait for the next post for that :) :-

Legalizing electronic records:

• Except when explicitly mentioned, electronic records will be legally valid at all places where physical records are legal (including government offices). The documents which are not legal in electronic form include a negotiable instrument(bank cheques, drafts etc), power-of-attorney, trust, will, contract for the sale/transfer of immovable property
• Digital signatures can be legally used instead for documents instead of physical signature

Offences and penalties:

• Tampering with computer source code: imprisonment up to three years, or fine up to two lakh, or both
• Hacking: imprisonment up to three years, or fine up to two lakh, or both
• Stealing and disclosing personal information(breach of privacy): imprisonment up to two years, or fine up to one lakh , or both
• Publishing of obscene information: imprisonment of either a term up to five years and  fine which up to one lakh on first conviction and imprisonment up to ten years and fine up to two lakh on second or subsequent conviction.

However, if the network service provider(ISP, provider of platform for selling) proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention, he will not be liable


Powers of Government under the Act:
In the interest of the sovereignty or integrity of India, it can direct any agency of the Government to intercept any information transmitted through any computer resource.
Penalty for non compliance to interception request: punished with an imprisonment for a term which may extend to seven years.

The Government may declare any computer system to be a protected system.
Penalty for gaining unauthorized access to such resource: imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

This Act applies even to an offence committed outside India by any person if the offence involves a computer, computer system or computer network located in India

A police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.

The Police officer, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person who is reasonably suspected of any offence under this Act.

- Abhishek Kumar