Salient Features of the IT Act, 2000
1. Legal Recognition of Electronic Records and Digital Signatures
- E-documents and digital signatures have the same legal status as physical records and handwritten signatures.
- Enables electronic contracts and e-commerce transactions.
2. Electronic Governance
- Encourages government agencies to accept digital records and digitally signed documents.
- Promotes efficiency and transparency in public administration.
3. Regulation of Certifying Authorities
- Establishes a framework for issuing and verifying digital signature certificates.
- Certifying Authorities (CAs) are licensed to issue and validate digital signatures.
4. Cybercrime and Penalties
- The Act defines various cyber offenses and prescribes penalties for violations.
- Examples:
- Hacking: Punishable with imprisonment up to 3 years and/or a fine of ₹5 lakhs.
- Identity Theft: Up to 3 years in jail and/or a fine of ₹1 lakh.
- Publishing obscene material: Up to 5 years in jail and/or a fine of ₹10 lakhs.
5. Liabilities of Intermediaries
- Platforms like Facebook, YouTube, and Google are not liable for user-generated content unless they fail to act on complaints.
- Requires intermediaries to comply with government orders for content removal.
6. Provisions for Data Protection
- Companies must implement security measures to protect sensitive personal data.
- Unauthorized access, data leaks, and financial frauds are punishable offenses.
7. Cyber Appellate Tribunal
- A special tribunal was created to handle disputes related to cyber law.
- Deals with cases involving cybercrime and electronic commerce disputes.
8. Amendments and IT Rules
- The IT (Amendment) Act, 2008 added provisions for data privacy and cyber terrorism.
- Introduced Section 66A (later struck down), which criminalized offensive online messages.
Cybercrimes and Their Penalties Under the IT Act
Cybercrime | Punishment |
---|---|
Hacking (Section 66) | 3 years imprisonment and/or ₹5 lakh fine |
Identity Theft (Section 66C) | 3 years imprisonment and/or ₹1 lakh fine |
Cyber Terrorism (Section 66F) | Life imprisonment |
Publishing obscene material (Section 67) | 5 years imprisonment and/or ₹10 lakh fine |
Phishing and fraud | Varies based on severity |
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