Applicability of the IT Act 2000

The Information Technology Act was enacted with a view to give a fillip to the growth of electronic based transactions, to provide legal recognition for ecommerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide.




Applicability of the Act

The Act will apply to the whole of India unless otherwise mentioned. It applies also to any offence or contravention there under committed outside India by any person.




The Act shall not apply to the following documents or transactions -


  • A negotiable instrument as defined in Sec.13 of the Negotiable Instruments Act, 1881.



 

  • A power of attorney as defined in Sec.1A of the Powers of Attorney Act, 1882.

 

  • A trust as defined in Section 3 of the Indian Trusts Act, 1882.

 

  • A Will as defined in Sec.2(h) of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called.

 

  • Any contract for the sale or conveyance of immovable property or any interest in such property.


Scheme of the Act

  • Chapter – I – Preliminary

 

  • Chapter – II – Digital Signature and Electronic Signature (Sections 3 & 3A)

 

  • Chapter – III – Electronic Governance (Sections 4 to 10A)



 

  • Chapter – IV – Attribution, Acknowledgement and Dispatch of Electronic Records (Sections11 to 13)

 

  • Chapter – V – Secure electronic records and secure electronic signatures (Sections 14 to 16)

 

  • Chapter – VI – Regulation of Certifying Authorities (Sections 17 to 34)

 

  • Chapter – VII – Elronic Signature Certificates (Sections 35 to 39)

 

  • Chapter – VIII – Duties of Subscribers (Sections 40 to 42)

 

  • Chapter – IX – Penalties, Compensation and Adjudication (Sections 43 to 47)

 




  • Chapter–X – The Cyber Appellate Tribunal (Sections 48 to 64)

 

  • Chapter– XI – Offences (Sections 65 to 78)

 

  • Chapter–XII – Intermediaries not to be liable in certain cases (Section 79)

 

  • Chapter–XIIA – Examiner of Electronic Evidence (Section 79A)

 

  • Chapter–XIII – Miscellaneous (Sections 80 to 90)

 

First Schedule – Documents or Transactions to which the Act shall not apply.





Second Schedule – Electronic signature or Electronic authentication technique or procedure

More Topics

  1. Need for Cyber law
  2. Cyber crime on the rise
  3. Important terms related to cyber law
  4. Cyber law in India
  5. History of cyber law in India
  6. Information Technology Act, 2000
  7. Salient features of the Information Technology (Amendment) Act, 2008
  8. Rules notified under the Information Technology Act, 2000
  9. Overview of other laws amended by the IT Act, 2000 - India Panel Code 1860
  10. Indian Evidence Act, 1872
  11. National Policy on Information Technology 2012
  12. Applicability and Scheme of the INFORMATION TECHNOLOGY ACT, 2000
  13. Digital signature and Electronic signature
  14. Digital Signature under the IT Act, 2000
  15. Electronic Signature
  16. E-Governance
  17. Attribution, Acknowledgement and Dispatch of Electronic Records
  18. Certifying Authorities
  19. Root Certifying Authority of India (RCAI)
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