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Unit 4: Information Technology Act, 2000

Appeal to High Court (Sec.62) Notes

Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High
Court within 60 days from the date of communication of the decision or order to him on any
question of fact or law arising out of such order.

Compounding of Contraventions (Sec.63)

Any contravention under this Part may, either before or after the institution of Adjudication

proceedings, be compounded by the controller or the adjudicating officer, as the case may be.
However, such sum shall not exceed the maximum amount of the penalty which may be imposed
for the contravention so compounded.

The benefit of compounding shall not be available to a person who commits the same or similar
contravention within a period of 3 years from the date on which the contravention was previously
compounded.

Caselet IT Act and other allied Laws
ntegrating IT Act with Other Allied Laws. In 1996, the Companies Act, 1956 was
amended by inserting s. 610A. This section provides for the admissibility of micro
Ifi lms, facsimile copies of documents, computer printouts and documents on computer
media as documents and as evidence.

In July 2000, the Central Government Constituted an E-Corporate Business Working Group
to synergise the provision of the two Acts. The Group is paying special attention to the
provisions relating to authentication of electronic records, legal recognition of electronic
records, digital signature, retention of electronic records, security procedure and certifying
procedures of the Information Technology Act 2000.

Also, the Group will have a relook at all forms and returns under the Companies Act,
1956 in order to make them computer savvy and technology friendly with provisions of
secret-code for subscriber and acceptor. Also, the Department of Company Affairs is in the
process of fine-tuning the forms and returns to make them computer friendly. Provisions

relating to investor protection and auditing of electronic balance sheets are also being
brought in conformity with the IT Act.
Also, the Department of Company Affairs has decided that all companies registered
under the Companies Act, 1956 will be allotted a Corporate Identity Number (CIN) to
make corporate governance investor friendly, corporate friendly and compatible with the
provisions of IT Act, 2000.
Added to this, the functions of the Director General of Investigation and Research (DGI&R)
and MRTP Act, 1969, proposed Competition Law are also being harmonised with the IT
Act, in keeping with the practices prevailing in this regard in countries like UK, USA,
France, Germany and Australia.

4.11 Offences [Sec.65 to 78]

Tampering with Computer Source Document (Sec.65)

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly
causes another to conceal, destroy or alter any computer source code used for a computer,

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