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Unit 14: Information Technology Act, 2000

14.1 Need Applicability and Definitions of the Act Notes

To provide legal recognition for transactions:-
 Carried out by means of electronic data interchange, and other means of electronic
communication, commonly referred to as “electronic commerce”
 To facilitate electronic filing of documents with Government agencies and E-Payments
 To amend the Indian Penal Code, Indian Evidence Act, 1872, the Banker’s Books Evidence
Act 1891, Reserve Bank of India Act,1934

14.1.1 Extent of Application

Extends to whole of India and also applies to any offence or contravention there under committed
outside India by any person {section 1 (2)} read with Section 75- Act applies to offence or
contravention committed outside India by any person irrespective of his nationality, if such act
involves a computer, computer system or network located in India. Section 2 (1) (a) –”Access”
means gaining entry into, instructing or communicating with the logical, arithmetic or memory
function resources of a computer, computer resource or network.

14.1.2 Definition (Section 2)

(1) In this Act, unless the context otherwise requires,-

(a) “access”, with its grammatical variation and cognate expressions, means gaining entry into,
instructing or communicating with the logical, arithmetical or memory function resources of a
computer, computer system or computer network;
(b) “addressee” means a person who is intended by the originator to receive the electronic
record but does not include any intermediary;
(c) “adjudicating officer” means an adjudicating officer appointed under sub-section (1) of
section 46;

(d) “affixing digital signature”, with its grammatical variations and cognate expressions means
adoption of any methodology or procedure by a person for the purpose of authenticating an
electronic record by means of digital signature;

(e) “appropriate Government “ means as respects any matter- enumerated in List II of the
Seventh Schedule to the Constitution; relating to any State law enacted under List III of the
Seventh Schedule to the Constitution, the State Government and in any other case, the Central
Government;

(f) “asymmetric crypto system” means a system of a secure key pair consisting of a private key
for creating a digital signature and a public key to verify the digital signature;
(g) “Certifying Authority” means a person who has been granted a license to issue a Digital
Signature Certificate under section 24;
(h) “certification practice statement” issued by a Certifying Authority to specify the practices
that the Certifying Authority employs in issuing Digital Signature Certificates;

(i) “computer” means electronic, magnetic, optical or other high-speed date processing device
or system which performs logical, arithmetic and memory functions by manipulations of
electronic, magnetic or optical impulses, and includes all input, output, processing, storage,
computer software or communication facilities which are connected or relates to the computer
in a computer system or computer network;

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