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
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