Electronic Records, Digital Signatures and the IT Act:
Scope of the IT Act, 2000 : IT ACT came into force from 17th October, 2000. It covers to whole of India. This act can also be operated to any offences or contravention committed outside India by any person irrespective of his nationality provided such offence or contravention involves a computer, computer system or network located in India (Section I(2) read with Section 75).
The main issues covered under the IT ACT 2000, are given below:
a) Legal recognition of digital signatures.
b) Legal recognition of electronic documents.
c) Offences and contraventions.
Objectives of the IT ACT, 2000
a) To provide legal recognition to digital signature for authentication of any information or matter this requires authentication under any law.
b) To accelerate the proper growth of the e-filing of documents with the government departments and e-payments.
c) To facilitate and give legal sanction to electronic transfer of funds.
d) This ACT provides legal recognition for keeping books of account in electronic form.
The IT Act consists of 13 chapters, which are given below:
1) Commencement, application and definitions (Sections 1-2)
2) Authentication of electronic records through digital signature (Sections 3-3A)
3) Electronic governance (Sections 4-10A)
4) Attribution, Acknowledgement and dispatch of electronic records (Sections 11-13)
5) Secure electronic records and secure digital signature(Sections 14-16)
6) Regulation of certifying authorities (Sections 17-34)
7) Digital signature certificate management (Sections 35-39)
8) Duties of subscriber (Sections 40-42)
9) Penalties, compensation and adjudication (Sections 43-47)
10) Cyber regulation appellate tribunal (Sections 48-64)
11) Offences (Sections 65-78)
12)Network service providers (intermediaries) not to be liable in certain cases(Section 79)
13) Miscellaneous provisions (Sections 80-90)( Sections 91-94 repealed vide ITAA, 2008)
Non applicability of the Act
According to IT ACT, 2000 as specified in schedule I of the Act, is not applicable in the following cases, which are given below
1. A negotiable instruments, a power of attorney, a trust.
2. Any contract for sale of immovable property.
3. Any transaction or document notified by the central government in the official gazette.
The above mentioned documents are excluded because such documents are needed to be authenticated by the handwritten signatures and require fulfilment of certain registration formalities.
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