CYBER LAWS

India is a signatory to the Model Law and is under an obligation to revise its laws as per the
Model Law. Keeping in view the urgent need to bring urgent amendments to the existing laws to
facilitate electronic commerce and with a view to facilitate electronic governance, the Information
Technology Bill (IT Bill) was passed by Indian Parliament on May 17, 2000. The Information
Technology Act (IT Act) came into effect on 17th October, 2000.
The main objective of the Act is to provide legal recognition for transactions carried out by
means of electronic data interchange and other means of electronic communication and storage of
information to facilitate electronic filing of documents with the government agencies. The Act has
extra-territorial jurisdiction to cover any offence or contraventions committed outside the country
by any person. It also involves legal provisions relating to piracy, defamation, advertising,
taxation, digital signatures, copy rights and trade secrets in the cyber world. This bill intends to
facilitate E-commerce by removing legal uncertainties created by the information technology.
Some important provisions of Information Technology Act 2000 are reproduced below.
The IT Act shall extend to the whole of India and applies also to any offence or
contraventions committed outside the country by any person. As regard the applicability of the
Act to offences and contraventions, the nationality of the accused is irrelevant if the act or conduct
constituting the offence or contravention involve a computer, computer system or computer
network located in India. Some of the major provision contained in the act are as follows.
1. Electronic contracts will be legally valid.
2. Legal recognition of digital signatures.
3. Security procedure of electronic records and digital signatures.
4. Appointment of certifying authorities and controller of certifying authorities,
including recognition of foreign certifying authorities.
5. Various kinds of computer crimes defined and stringent penalties provided under
the act.
6. Establishment of Cyber Appellate Tribunal under the Act.
7. Act to apply for offences or contraventions committed outside India.
8. Power of police officers and other officers to enter into any public place and search
and arrest without warrant.
9. Constitution of Cyber Regulations and Advisory Committee who will advise the
Central Government and Controller