The Information Technology Act, 2000 was enacted for prevention and control of cyber crimes. The Information Technology Act is based on UNCITRAL ( United Nation's Commission on International Trade Law)
The Information Technology Act, 2000 , came into force with effect from 17th October, 2000 it has been amended in 2008 and the amended act is effective from February 5, 2009. The rules under the Amended Act have also been framed, which became effective from October 27, 2009.
The salient features of the information technology Act, 2000 may briefly be stated as follows :--
1. The act provides legal recognition to e-commerce, which facilities commercial e-transactions.
2. It recognises records kept in electronic form like any other documentary records. In this way, at brings electronic transactions at per with paper transactions in documentary form.
3. The act also provides legal recognition to digital signatures which need to be duly authenticated by the certifying authorities.
4. Cyber law appellate tribunal has been set up to hear appeal against adjudicating authorities.
5. The provisions of the I.T. Act have no application to negotiable instruments, power of attorney, trust, will and any contract for sale or conveyance of immovable property.
6. The act applies to any cyber offence or contravention committed outside India by a person irrespective of his/her nationality.
7. As provided under section 90 of the Act, the state government may, by notification in 'Official Gazette' make rules to carry out the provisions of the act.
8. Consequent to the passing of this Act, the SEBI had announced that trading of securities on the internet Will be valid in india, but initially there was no specific provisions for protection of confidentiality and net trading. This lacuna has been removed by the IT(Amended) Act, 2008.
The Information Technology Act, 2000 , came into force with effect from 17th October, 2000 it has been amended in 2008 and the amended act is effective from February 5, 2009. The rules under the Amended Act have also been framed, which became effective from October 27, 2009.
The salient features of the information technology Act, 2000 may briefly be stated as follows :--
1. The act provides legal recognition to e-commerce, which facilities commercial e-transactions.
2. It recognises records kept in electronic form like any other documentary records. In this way, at brings electronic transactions at per with paper transactions in documentary form.
3. The act also provides legal recognition to digital signatures which need to be duly authenticated by the certifying authorities.
4. Cyber law appellate tribunal has been set up to hear appeal against adjudicating authorities.
5. The provisions of the I.T. Act have no application to negotiable instruments, power of attorney, trust, will and any contract for sale or conveyance of immovable property.
6. The act applies to any cyber offence or contravention committed outside India by a person irrespective of his/her nationality.
7. As provided under section 90 of the Act, the state government may, by notification in 'Official Gazette' make rules to carry out the provisions of the act.
8. Consequent to the passing of this Act, the SEBI had announced that trading of securities on the internet Will be valid in india, but initially there was no specific provisions for protection of confidentiality and net trading. This lacuna has been removed by the IT(Amended) Act, 2008.
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ReplyDeleteIt is particularly important to note that the law equates electronic records with paper records, which simplifies documentation in today's digital world, however, the list of exemptions includes real estate transactions, which could have a significant impact on the sector, and it is also important that the law applies to cybercrime committed outside India, which indicates its international focus.
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