Definitions
Contents:
Section 2
Section 2 sets out the meanings of important terms used in the Act. It defines expressions such as computer, electronic record, digital signature, and intermediary.
It also clarifies the roles of authorities like the Controller and Certifying Authorities. These definitions form the base for applying the Act to electronic and cyber-related matters.
Digital & Electronic Signatures & Electronic Governance
Contents:
Chapter II - Digital Signature and Electronic Signature.
Section 3. - Section 3A
These sections deal with Authentication of Electronic Records and Electronic Signatures.
Chapter III - Electronic Governance
Section 4. - Section 10 A
These provisions of the Information Technology Act, 2000 give legal status to electronic records, electronic signatures, and online contracts.
They enable the use of electronic means in government functioning, service delivery, record-keeping, and publication of laws.
Attribution , Acknowledgement & Despatch of Electronic Records
Contents:
Chapter IV - Attribution , Acknowledgement and Despatch of Electronic Records
Section 11 - Section 13
Sections 11 to 13 of the Information Technology Act deal with the communication of electronic records. They explain when an electronic record is treated as sent, received, and attributable to a person.
These provisions establish legal certainty regarding acknowledgment, timing, and location of electronic communications.
Secure Electronic Records & Electronic Signatures
Chapter V - Secure Electronic Records and Secure Electronic Signatures.
Section 14 - Section 16
Chapter V of the Information Technology Act deals with the security of electronic records and electronic signatures. It lays down when an electronic record or signature is considered secure in law. The Chapter also empowers the Central Government to prescribe security procedures and practices.
Regulation of Certifying Authorities
Contents:
Chapter VI - Regulation of Certifying Authorities
Section 17 - Section 34
These provisions deal with the regulation of Certifying Authorities under the Information Technology Act. They lay down how the Controller and other officers are appointed and what functions they perform.
The sections also govern the licensing, renewal, suspension, and cancellation of licences to issue electronic signature certificates.
Electronic Signature Certificates
Contents:
Chapter VII - Electronic Signature Certificates
Section 35 - Section 39
This Chapter governs the legal framework for Electronic (Digital) Signature Certificates. It empowers Certifying Authorities to issue such certificates and defines the assurances given on issuance.
The provisions specify when and how a certificate may be suspended. They also lay down the grounds and procedure for revocation of a certificate.
Duties of Subscribers & Penalties , Compensation & Adjudication
Contents:
Chapter VIII: Duties of Subscribers
Section 40-Section 42
This Chapter lays down the responsibilities of subscribers of Electronic/Digital Signature Certificates. It covers the generation of key pairs and the duties attached to holding a valid certificate.
Chapter IX: Penalties , Compensation and Adjudication
Section 42-Section 47
This Chapter provides for penalties and compensation for damage to computer systems and data. It specifically addresses liability for failure to protect sensitive data. The provisions prescribe penalties for non-compliance such as failure to furnish information or returns.
The Appellate Tribunal
Contents:
Chapter X - Appellate Tribunal
Section 48 - Section 64
These provisions deal with the establishment and functioning of the Appellate Tribunal under the Act. They set out the Tribunal’s authority, decision-making process, and procedural powers.
The sections provide the right of appeal, limitation period, and representation by legal practitioners. They bar the jurisdiction of civil courts in matters covered by the Tribunal.
Finally, they cover appeals to the High Court, compounding of contraventions, and recovery of penalties or compensation.
Offences
Contents:
Chapter XI - Offences
Section 65 - Section 78.
These provisions define cyber offences and prescribe punishments for misuse of computer resources and electronic communication. They cover offences such as hacking, identity theft, cheating, violation of privacy, cyber terrorism, and publication of unlawful content.
The sections also empower authorities to intercept, monitor, block information, and protect critical computer systems for cyber security. They establish national agencies like CERT-In for incident response and cyber security coordination.
Intermediaries , Examiners & Miscellaneous
Contents:
Chapter XII - Intermediaries not to be liable in certain cases
Section 79
This sections deals with situations where the Intermediaries are not liable under the Act provided certain conditions are fulfilled.
Chapter XIIA - Examiner of Electronic Evidence.
Section 79A
This provision empowers the Central Government to formally designate expert bodies for examining and certifying electronic evidence.
Chapter XIII - Miscellaneous
Section 80-Section 94
These provisions deal with enforcement powers and the overriding effect of the Act. They recognise electronic and truncated cheques and confer public servant status on key authorities.
They empower the Central and State Governments and the Controller to make rules and regulations for effective implementation of the Act.