The primary source of cyber law in India is the
Information Technology
Act
, 2000 (IT Act) which came into force on 17 October 2000.
The primary purpose of the Act is to provide
legal
recognition to electronic commerce
and to facilitate
filing of
electronic records with the Government. The IT
Act also penalizes various
cyber crimes and provides
strict punishments (imprisonment terms upto 10 years and
compensation up to Rs 1 crore).
Minor errors in the Act were rectified by the
Information
Technology (Removal of Difficulties) Order
, 2002
which was passed on 19 September 2002.
An
Executive Order dated 12 September 2002 contained
instructions relating provisions of the Act in regard to
protected systems and application for the issue of a Digital
Signature Certificate.
The IT Act was amended by the
Negotiable Instruments
(Amendments and Miscellaneous Provisions) Act
,
2002. This introduced the concept of electronic cheques
and truncated cheques.
Information Technology (Use of Electronic Records
and Digital Signatures) Rules
, 2004 has provided the
necessary legal framework for filing of documents with the
Government as well as issue of licences by the
Government. It also provides for payment and receipt of
fees in relation to the Government bodies.
On the same day, the
Information Technology (Certifying Authorities)
Rules
, 2000 also came into force.
These rules prescribe the eligibility, appointment and
working of Certifying Authorities (CA). These rules also lay
down the technical standards, procedures and security
methods to be used by a CA. These rules were amended
in 2003, 2004 and 2006.
Information Technology (Certifying Authority)
Regulations
, 2001 came into force on 9 July 2001. They
provide further technical standards and procedures to be
used by a CA.
Two important guidelines relating to CAs were issued. The
first are the
Guidelines for submission of application for
licence to operate as a Certifying Authority under the IT
Act. These guidelines were issued on 9th July 2001.
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