The Information Technology Act, 2000

How does the Act define ‘information’ and ‘computer resource”?

The Act considers ‘information’ to include texts, images, audio, video, software and other computer-generated data like microfilm and micro fiche. It defines “computer resource” as individual computersand computer systems or networks, electronic databases and software.

What does the Act mandate about electronic records?

An electronic record is any kind of information generated, stored, transmitted or received through a computer resource. The Act provides legal recognition to electronic records and validates contractsformed through electronic means. It stipulates that any contract prepared in such manner will not be considered unenforceable on the sole ground that it was made in the electronic form.

Any document needing a signature of a person is considered to have been signed if it has affixed to it an electronic signature specified and certified by the central government.

What does the Act say about cyber terrorism?

The Act states that any person threatening, intending to threaten or causing harm to the “unity, integrity, security or sovereignty of India” by damaging the informational infrastructure of the country would be committing the offence of cyber terrorism. The act of cyber terrorism includes accessing or damaging restricted computer resources and data without authorisation or denying authorisedpersonnel access to any computer resource.

Anyone found guilty of committing or conspiring to commit cyber terrorism will be punishable by imprisonment which may extend for life.

What are some of the offences listed under this Act?

Anyone who steals or receives stolen computer resources knowing them to be stolen is liable to be punished with imprisonment for up to three years or fine extending to one lakh rupees, or both.

Anyone making fraudulent use of electronic identification features belonging to another person or impersonating another person with the use of an electronic device shall be imprisoned for a term which may extend to three years and be liable for a fine of up to one lakh rupees.

If someone intentionally captures or transmits private images of another person (depicting naked or undergarment clad genitals, pubic area, buttocks or female breasts) without their consent, they shall be liable to a prison term for up to three years or a fine not exceeding two lakh rupees, or both.

Anyone who electronically transmits sexually explicit materials, including those depicting children, will be punished on first conviction with prison term extending to five years and a fine of up to 10 lakh rupees. A second or further conviction would extend the prison term to seven years with the fine of up to 10 lakh rupees.

What are some of the powers this Act confers on the central and state governments?

The Act empowers central and state governments, or any officers authorised by them to “intercept, monitor or decrypt” any information stored, received or sent by any computer resource. Any person owning or in charge of the computer resource who fails to assist the authorities in accessing them can be punished with up to seven years of imprisonment and a fine.

Through this Act, the central government or any agency authorised by it is empowered to monitor and collect “traffic data” – data which identifies any person or computer network and their location – in order to improve cyber security and prevent cyber threats.

The central government is empowered under the Act to order any government agency or other intermediaries to block public access to any computer-generated information.

This Act also states that police officers of and above the rank of Inspector, or any officers empowered by the state and central governments, are authorised to enter any public place and, without a warrant, search and arrest any person ‘reasonably suspected’ of having committed or about to commit any of the offences listed under this Act.

Focus and Factoids by Swadesha Sharma.