IT Act
Act No. 21 of 2000
The Information Technology Act, 2000
The bare text of the Information Technology Act, 2000 (21 of 2000), as amended by the Information Technology (Amendment) Act, 2008, the Finance Act, 2017 and the Jan Vishwas (Amendment of Provisions) Act, 2023, with the amendment history of every section.
155 recorded amendments See what changed and when
21 of 2000
Act No.
17 October 2000
In force from
14
Chapters
30 November 2023
Last amended
94
sections
Default readable text
Opening text
Preamble
An Act to provide legal recognition for transactions carried out by means of electronic dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto;
WHEREAS the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model LawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... on Electronic Commerce adopted by the United Nations Commission on International Trade LawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu...;
AND WHEREAS the said resolution recommends inter alia, that all States give favourable consideration to the said Model LawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... when they enact or revise their laws, in view of the need for uniformity of the lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... applicable to alternatives to paper-based methods of communication and storage of informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits...;
AND WHEREAS it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—
Chapter I
2 sections
Preliminary
S. 2 Definitions
Chapter II
2 sections
Digital Signature and Electronic Signature
S. 3 Authentication of electronic records
S. 3A Electronic signature
Chapter III
10 sections
Electronic Governance
S. 4 Legal recognition of electronic records
S. 5 Legal recognition of electronic signatures
S. 6 Use of electronic records and electronic signatures in Government and its agencies
S. 6A Delivery of services by service provider
S. 7 Retention of electronic records
S. 7A Audit of documents, etc., maintained in electronic form
S. 8 Publication of rule, regulation, etc., in Electronic Gazette
S. 9 Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
S. 10 Power to make rules by Central Government in respect of electronic signature
S. 10A Validity of contracts formed through electronic means
Chapter IV
3 sections
Attribution, Acknowledgment and Despatch of Electronic Records
S. 11 Attribution of electronic records
S. 12 Acknowledgment of receipt
S. 13 Time and place of despatch and receipt of electronic record
Chapter V
3 sections
Secure Electronic Records and Secure Electronic Signature
S. 14 Secure electronic record
S. 15 Secure electronic signature
S. 16 Security procedures and practices
Chapter VI
18 sections
Regulation of Certifying Authorities
S. 17 Appointment of Controller and other officers
S. 18 Functions of Controller
S. 19 Recognition of foreign Certifying Authorities
S. 20 Controller to act as repository (omitted)
S. 21 Licence to issue electronic signature Certificates
S. 22 Application for licence
S. 23 Renewal of licence
S. 24 Procedure for grant or rejection of licence
S. 25 Suspension of licence
S. 26 Notice of suspension or revocation of licence
S. 27 Power to delegate
S. 28 Power to investigate contraventions
S. 29 Access to computers and data
S. 30 Certifying Authority to follow certain procedures
S. 31 Certifying Authority to ensure compliance of the Act, etc.
S. 32 Display of licence
S. 33 Surrender of licence
S. 34 Disclosure
Chapter VII
5 sections
Electronic Signature Certificates
S. 35 Certifying authority to issue electronic signature Certificate
S. 36 Representations upon issuance of Digital Signature Certificate
S. 37 Suspension of Digital Signature Certificate
S. 38 Revocation of Digital Signature Certificate
S. 39 Notice of suspension or revocation
Chapter VIII
4 sections
Duties of Subscribers
S. 40 Generating key pair
S. 40A Duties of subscriber of Electronic Signature Certificate
S. 41 Acceptance of Digital Signature Certificate
S. 42 Control of private key
Chapter IX
6 sections
Penalties, Compensation and Adjudication
S. 43 Penalty and compensation for damage to computer, computer system, etc.
S. 43A Compensation for failure to protect data
S. 44 Penalty for failure to furnish information, return, etc.
S. 45 Residuary penalty
S. 46 Power to adjudicate
S. 47 Factors to be taken into account by the adjudicating officer
Chapter X
21 sections
Appellate Tribunal
S. 48 Establishment of Appellate Tribunal
S. 49 Composition of Cyber Appellate Tribunal (omitted)
S. 50 Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal (omitted)
S. 51 Term of office, conditions of service, etc., of Chairperson and Members (omitted)
S. 52 Salary, allowances and other terms and conditions of service of Chairperson and Members (omitted)
S. 52A Powers of superintendence, direction, etc. (omitted)
S. 52B Distribution of business among Benches (omitted)
S. 52C Power of Chairperson to transfer cases (omitted)
S. 52D Decision by majority
S. 53 Filling up of vacancies (omitted)
S. 54 Resignation and removal (omitted)
S. 55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
S. 56 Staff of the Cyber Appellate Tribunal (omitted)
S. 57 Appeal to Appellate Tribunal
S. 58 Procedure and powers of the Appellate Tribunal
S. 59 Right to legal representation
S. 60 Limitation
S. 61 Civil court not to have jurisdiction
S. 62 Appeal to High Court
S. 63 Compounding of contraventions
S. 64 Recovery of penalty or compensation
Chapter XI
30 sections
Offences
S. 65 Tampering with computer source documents
S. 66 Computer related offences
S. 66A Punishment for sending offensive messages through communication service, etc. (omitted)
S. 66B Punishment for dishonestly receiving stolen computer resource or communication device
S. 66C Punishment for identity theft
S. 66D Punishment for cheating by personation by using computer resource
S. 66E Punishment for violation of privacy
S. 66F Punishment for cyber terrorism
S. 67 Punishment for publishing or transmitting obscene material in electronic form
S. 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
S. 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
S. 67C Preservation and retention of information by intermediaries
S. 68 Power of Controller to give directions
S. 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource
S. 69A Power to issue directions for blocking for public access of any information through any computer resource
S. 69B Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
S. 70 Protected system
S. 70A National nodal agency
S. 70B Indian Computer Emergency Response Team to serve as national agency for incident response
S. 71 Penalty for misrepresentation
S. 72 Penalty for Breach of confidentiality and privacy
S. 72A Penalty for disclosure of information in breach of lawful contract
S. 73 Penalty for publishing electronic signature Certificate false in certain particulars
S. 74 Publication for fraudulent purpose
S. 75 Act to apply for offence or contravention committed outside India
S. 76 Confiscation
S. 77 Compensation, penalties or confiscation not to interfere with other punishment
S. 77A Compounding of offences
S. 77B Offences with three years imprisonment to be bailable
S. 78 Power to investigate offences
Chapter XII
1 sections
Intermediaries not to be Liable in Certain Cases
S. 79 Exemption from liability of intermediary in certain cases
Chapter XIIA
1 sections
Examiner of Electronic Evidence
S. 79A Central Government to notify Examiner of Electronic Evidence
Chapter XIII
19 sections
Miscellaneous
S. 80 Power of police officer and other officers to enter, search, etc.
S. 81 Act to have overriding effect
S. 81A Application of the Act to electronic cheque and truncated cheque
S. 82 Controller, Deputy Controller and Assistant Controller to be public servants
S. 83 Power to give directions
S. 84 Protection of action taken in good faith
S. 84A Modes or methods for encryption
S. 84B Punishment for abetment of offences
S. 84C Punishment for attempt to commit offences
S. 85 Offences by companies
S. 86 Removal of difficulties
S. 87 Power of Central Government to make rules
S. 88 Constitution of Advisory Committee
S. 89 Power of Controller to make regulations
S. 90 Power of State Government to make rules
S. 91 Amendment of Act 45 of 1860 (omitted)
S. 92 Amendment of Act 1 of 1872 (omitted)
S. 93 Amendment of Act 18 of 1891 (omitted)
S. 94 Amendment of Act 2 of 1934 (omitted)
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