THE INFORMATION TECHNOLOGY ACT, 2000

2000 · State unknown · central · act_text

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Sections (280)

40A · Duties of subscriber of Electronic Signature Certificate.

43A · Compensation for failure to protect data.

52D · Decision by majority.

66B · Punishment for dishonestly receiving stolen computer resource or communication device.

66C · Punishment for identity theft.

66D · Punishment for cheating by personation by using computer resource.

66E · Punishment for violation of privacy.

66F · Punishment for cyber terrorism.

67A · Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.

67B · Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.

67C · Preservation and retention of information by intermediaries.

69A · Power to issue directions for blocking for public access of any information through any computer resource.

69B · Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.

70B · Indian Computer Emergency Response Team to serve as national agency for incident response.

72A · Penalty for disclosure of information in breach of lawful contract.

77B · Offences with three years imprisonment to be bailable.

79A · Central Government to notify Examiner of Electronic Evidence.

81A · Application of the Act to electronic cheque and truncated cheque.

84A · . Modes or methods for encryption.

84B · Punishment for abetment of offences.

84C · . Punishment for attempt to commit offences.

1 · Short title, extent, commencement and application.–(1) This Act may be called the Information Technology Act, 2000.

2 · [(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule:

2 · . Definitions . – (1) In this Act, unless the context otherwise requires,–

1 · 17th October, 2000, vide notification No. G.S.R. 788 (E), dated 17th October, 2000, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

2 · Subs. by Act 10 of 2009, s. 3, for sub-section (4) (w.e.f. 27-10-2009).

2 · [(da) "Appellate Tribunal " means the Appellate Tribunal referred to in sub-section (1) of section 48;]

3 · [(ha) " communication device " means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;]

4 · [(j) " computer network " means the inter -connection of one or more computers or computer systems or communication device through–

3 · [(na) " cyber cafe " means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public;

1 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

2 · Ins. by 7 of 2017, s. 169 (w.e.f. 26-5-2017) .

3 · Ins. by 10 of 2009, s. 4 (w.e.f. 27-10-2009).

4 · Subs. by s. 4, ibid., for clause (j) (w.e.f. 27-10-2009).

5 · Clause (n) omitted by 7 of 2017, s.169 (w.e.f. 26-5-2017)

1 · [(ta) " electronic signature " means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;

1 · [(ua) Indian Computer Emergency Response Team " means an agency established under subsection (1) of Section 70B;]

3 · [(w) " intermediary " , with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online -market places and cyber cafes;]

1 · Ins. by Act 10 of 2009, s. 4 (w.e.f. 27-10-2009).

2 · Subs. by s. 4, ibid. d., for "data, text" (w.e.f. 27-10-2009).

3 · Subs. by s. 4, ibid. d., for clause (w) (w.e.f. 27-10-2009).

2 · [DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE]

3 · Authentication of electronic records. – (1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature.

3 · [3A. Electronic signature.–(1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which–

1 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

2 · Subs. by s. 5, ibid., for the heading “DIGITAL SIGNATURE” (w.e.f. 27-10-2009).

3 · Ins. by s. 6, ibid. (w.e.f. 27-10-2009).

4 · Legal recognition of electronic records . –W –Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is–

5 · Legal recognition of 1 [electronic signatures] . –W –Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of 1 [electronic signature] affixed in such manner as may be prescribed by the Central Government.

6 · Use of electronic records and 1 [electronic signatures] in Government and its agencies . – (1) Where any law provides for–

1 · Subs. by Act 10 of 2009, s. 2, for “digital signatures” (w.e.f. 27-10-2009).

1 · [6A . Delivery of services by service provider . – (1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the Official Gazette.

7 · . Retention of electronic records . – (1) Where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if– f–

2 · [7A. Audit of documents , etc . , maintained in electronic form . –W –Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in the electronic form.]

8 · . Publication of rule, regulation, etc., in Electronic Gazette . –W –Where any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette:

9 · Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic

1 · Ins. by Act 10 of 2009, s. 7 (w.e.f. 27-10-2009).

2 · Ins. by s. 8 , ibid. (w.e.f. 27-10-2009).

10 · . Power to make rules by Central Government in respect of 1 [electronic signature] . – The Central Government may, for the purposes of this Act, by rules, prescribe–

2 · [10A. Validity of contracts formed through electronic means . – Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances , as the case may be, are expressed in electronic form or by means of an electronic records, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.]

11 · Attribution of electronic records . – An electronic record shall be attributed to the originator–

12 · . Acknowledgment of receipt . – (1) Where the originator has not 3 [stipulated] that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by–

13 · . Time and place of despatch and receipt of electronic record . – (1) Save as otherwise agreed to between the originator and the addressee, the despatch of an electronic record occurs when it enters a computer resource outside the control of the originator.

1 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

2 · Ins. by s. 9, ibid . (w.e.f. 27-10-2009).

3 · Subs. by s. 10 , ibid ., for " agreed with the addressee" (w.e.f. 27-10-2009).

14 · . Secure electronic record . – Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall he deemed to be a secure electronic record from such point of time to the time of verification.

2 · [15 . Secure electronic signature . – An electronic signature shall be deemed to be a secure electronic signature if–

16 · Security procedures and practices . – The Central Government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices:

17 · . Appointment of Controller and other officers . – (1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers 3 [ , Assistant Controllers, other officers and employees] as it deems fit.

1 · Subs. by Act 10 of 2009, s. 2, for “digital signatures” (w.e.f. 27-10-2009).

2 · Subs. by s 11 , ibid., for sections 15 and 16 (w.e.f. 27-10-2009).

3 · Subs. by s.12, ibid., for “and Assistant Controllers” (w.e.f. 27-10-2009).

20 · . [Controller to act as repository . ] Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 13 (w . e .f .f. 27-10-2009).

21 · . Licence to issue 1 [electronic signature] Certificates . – (1) Subject to the provisions of sub -section (2), any person may make an application , to the Controller , for a licence to issue 1 [electronic signature] Certificates.

22 · . Application for licence . – (1) Every application for issue of a licence shall be in such form as may be prescribed by the Central Government.

23 · . Renewal of licence . – An application for renewal of a licence shall be–

24 · . Procedure for grant or rejection of licence . – The Controller may, on receipt of an application under sub -section (1) of section 21, after considering the documents accompanying the application and such other factors, as he deems fit, grant the licence or reject the application:

25 · . Suspension of licence . – (1) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Certifying Authority has–

2 · [(c) failed to maintain the procedures and standards specified in section 30;]

1 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

2 · Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002) .

32 · . Display of licence . – Every Certifying Authority shall display its licence at a conspicuous place of the premises in which it carries on its business.

33 · . Surrender of licence . – (1) Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.

34 · . Disclosure . – (1) Every Certifying Authority shall disclose in the manner specified by regulations–

2 · [ELECTRONIC SIGNATURE] CERTIFICATES

35 · Certifying authority to issue 2 [electronic signature] Certificate . – (1) Any person may make an application to the Certifying Authority for the issue of a 2 [electronic signature] Certificate in such form as may be prescribed by the Central Government.

5 · [Provided] that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

36 · . Representations upon issuance of Digital Signature Certificate . – A Certifying Authority while issuing a Digital Signature Certificate shall certify that–

1 · Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023).

2 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

3 · Certain words omitted by s. 16, ibid. (w.e.f. 27-10-2009).

4 · The first proviso omitted by s. 17, ibid. (w.e.f. 27-10-2009).

5 · Subs. by s. 17, ibid., for “Provided further” (w.e.f. 27-10-2009).

1 · [(ca) the subscriber holds a private key which is capable of creating a digital signature;

37 · . Suspension of Digital Signature Certificate . – (1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate, –

38 · . Revocation of Digital Signature Certificate . – (1) A Certifying Authority may revoke a Digital Signature Certificate issued by it–

39 · . Notice of suspension or revocation . – (1) Where a Digital Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the Digital Signature Certificate for publication of such notice.

1 · Ins. by Act 10 of 2009, s. 18 (w.e.f. 27-10-2009).

40 · . Generating key pair . – Where any Digital Signature Certificate the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber, 1 *** the subscriber shall generate 2 [that key] pair by applying the security procedure.

3 · [40A. Duties of subscriber of Electronic Signature Certificate . – In respect of Electronic Signature Certificate the subscriber shall perform such duties as may be prescribed.]

41 · . Acceptance of Digital Signature Certificate . – (1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate –

42 · . Control of private key . – (1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure 4*** .

5 · [PENALTIES, COMPENSATION AND ADJUDICATION]

43 · . 6 [Penalty and compensation] for damage to computer, computer system, etc . – If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network,–

1 · The word “then” omitted by notification No. S.O. 1015(E) (w.e.f. 19-9-2002).

2 · Subs. ibid., for “the key” (w.e.f. 19-9-2002).

3 · Ins. by Act 10 of 2009, s. 19 (w.e.f. 27-10-2009).

4 · The words "to a person not authorised to affix the digital signature of the subscriber" omitted by notification No. S.O.1015(E) (w.e.f. 19-9-2002).

5 · Subs. by Act 10 of 2009, s. 20, for “PENALTIES AND ADJUDICATION” (w.e.f. 27-10-2009).

6 · Subs. by s. 21, ibid., for “Penalty” (w.e.f. 27-10-2009).

7 · Ins. by s. 21, ibid. (w.e.f. 27-10-2009).

1 · [(i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;

2 · [he shall be liable to pay damages by way of compensation to the person so affected . ]

1 · [(v) " computer source code " means the listing of programme, computer commands, design and layout and programme analysis of computer resource in any form.]

3 · [43A . Compensation for failure to protect data . – Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.

1 · Ins. by Act 10 of 2009, s. 21 (w.e.f. 27-10-2009).

2 · Subs. by s. 21, ibid., for certain words (w.e.f. 27-10-2009).

3 · Ins. by s. 22, ibid. (w.e.f. 27-10-2009).

44 · . Penalty for failure to furnish information, return, etc . – If any person who is required under this Act or any rules or regulations made thereunder to–

45 · . Residuary penalty . –W –Whoever contravenes any 4 [rules, regulations, directions or orders] made under this Act, for the contravention of which no penalty has been separately provided, shall be liable to pay a 5 [penalty not exceeding one lakh rupees, in addition to compensation to the person affected by such contravention not exceeding—

46 · . Power to adjudicate . – (1) For the purpose of adjudging 6 [under this Act] whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, 7 [direction or order made thereunder which renders him liable to pay penalty or compensation , ] the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.

8 · [(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for 9*** damage does not exceed rupees five crore:

1 · Subs. by Act 18 of 2023, s. 2 and Schedule, for “one lakh and fifty thousand” (w.e.f. 30-11-2023).

2 · Subs. by ibid., s. 2 and Schedule, for “five thousand” (w.e.f. 30-11-2023).

3 · Sub. by ibid., s. 2 and Schedule, for “ten thousand” (w.e.f. 30-11-2023).

4 · Subs. by ibid., s. 2 and Schedule, for “rules or regulations” (w.e.f. 30-11-2023).

5 · Subs. by ibid., s. 2 and Schedule, for certain words (w.e.f. 30-11-2023).

6 · Subs. by ibid., s. 2 and Schedule, for “under this Chapter” (w.e.f. 30-11-2023).

7 · Subs. by Act 10 of 2009, s. 23, for “direction or order made thereunder” (w.e.f. 27-10-2009).

8 · Ins. by s. 23, ibid. (w.e.f. 27-10-2009).

9 · Words omitted “injury or” omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 30-11-2023).

2 · [(c) shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code , 1908 (5 of 1908).]

47 · . Factors to be taken into account by the adjudicating officer . – While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:–

48 · . Establishment of 1 [Appellate Tribunal] . – 4 [(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]

49 · [Composition of Cyber Appellate Tribunal.] — Omitted by the Finance Act, 2017 (7 of 2017), s . 169 (w.e.f. 26-5-2017).

50 · [Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

51 · [Term of office, conditions of service, etc., of Chairperson and Members.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

52 · [Salary, allowances and other terms and conditions of service of Chairperson and Members.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

52A · [Powers of superintendence, direction, etc.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

52B · [Distribution of business among Benches.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

52C · [Power of Chairperson to transfer cases.] — Omitted by s. 169, ibid. (w.e.f. 26-5-2017).

52D · . Decision by majority . – If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the 1 [Appellate Tribunal] who shall hear the point or points himself and such point or

1 · Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017)

2 · Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009).

3 · Subs. by Act 7 of 2017, s. 169, for Chapter heading (w.e.f. 26-5-2017).

4 · Subs. by s. 169, ibid., for sub-section (1) (w.e.f. 26-5-2017).

5 · Subs. by s, 169, ibid., for "shall also specify, in the notification referred to in sub-section (1)" (w.e.f. 26-5-2017) .

53 · [Filling up of vacancies . ] — Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-52017).

54 · [Resignation and removal.] — Omitted by s. 169 , ibid . (w.e.f. 26-5-2017).

55 · . Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings . –N –No order of the Central Government appointing any person as the 1 [Chairperson or the Member] of a 2 [Appellate Tribunal] shall be called in question in any manner and no act or proceeding before a 2 [Appellate Tribunal] shall be called in question in any manner on the ground merely of any defect in the constitution of a 2 [Appellate Tribunal] .

56 · [Staff of the Cyber Appellate Tribunal.] — Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).

57 · . Appeal to 2 [Appellate Tribunal] . – (1) Save as provided in sub-section (2), any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal to a 2 [Appellate Tribunal] having jurisdiction in the matter.

58 · . Procedure and powers of the 2 [Appellate Tribunal] . – (1) The 2 [Appellate Tribunal] shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the 2 [Appellate Tribunal] shall have powers to regulate its own procedure including the place at which it shall have its sittings.

1 · Subs. by Act 10 of 2009, s. 29, ibid., for “Presiding Officer” (w.e.f. 27-10-2009).

2 · Subs. by 7 of 2017, s, 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017).

59 · . Right to legal representation . – The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the 1 [Appellate Tribunal] .

60 · . Limitation . – The provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be, apply to an appeal made to the 1 [Appellate Tribunal] .

61 · . Civil court not to have jurisdiction . –N –No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the 1 [Appellate Tribunal] constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

62 · . Appeal to High Court . – Any person aggrieved by any decision or order of the 1 [Appellate Tribunal] may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the 1 [Appellate Tribunal] to him on any question of fact or law arising out of such order:

63 · . Compounding of contraventions . – (1) Any contravention under this 2 [Act] may, either before or after the institution of adjudication proceedings, be compounded by the Controller or such other officer as may be specially authorised by him in this behalf or by the adjudicating officer, as the case may be, subject to such conditions as the Controller or such other officer or the adjudicating officer may specify:

64 · . Recovery of 3 [penalty or compensation] . – A 4 [penalty imposed or compensation awarded] under this Act, if it is not paid, shall he recovered as an arrear of land revenue and the licence or the 5 [electronic signature] Certificate, as the case may be, shall be suspended till the penalty is paid.

65 · . Tampering with computer source documents . – 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, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

1 · Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26 -5 -2017) .

2 · Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002).

3 · Subs. by Act 10 of 2009, s. 31, for marginal heading (w.e.f. 27-10-2009).

4 · Subs. by s. 31, ibid ., for "penalty imposed" (w.e.f. 27-10-2009).

5 · Subs. by s. 2 , ibid., for "digital signature" (w.e.f. 27-10-2009).

1 · [66 . Computer related offences . – If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.

2 · 66A . [Punishment for sending offensive messages through communication service, etc.]– Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s . 2 and Schedule (w.e.f. f. 30 -11 -2023).

66B · . Punishment for dishonestly receiving stolen computer resource or communication device . – Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

66C · . Punishment for identity theft . –W –Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

66D · . Punishment for cheating by personation by using computer resource . –W –Whoever, by means of any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees .

66E · . Punishment for violation of privacy . –W –Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

1 · Subs. by Act 10 of 2009 , s. 32 , for sections 66 and 67 (w.e.f. 27-10-2009).

2 · Section 66A has been struck down by supreme Court's Order dated 24-3-2015 in the Shreya Singhal Vs. Union of India, AIR 2015 SC. 1523.

66F · . Punishment for cyber terrorism . – (1) Whoever,–

67 · . Punishment for publishing or transmitting obscene material in electronic form . – Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

67A · . Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form . –W –Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

67B · . Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form . – Whoever, –

67C · . Preservation and retention of information by intermediaries . – (1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.

68 · . Power of Controller to give directions . – (1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder.

2 · [(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable 1 [to penalty which may extend to twenty-five lakh rupees].]

3 · [69 . Power to issue directions for interception or monitoring or decryption of any information through any computer resource . – (1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do , in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.

1 · Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023).

2 · Subs. by Act 10 of 2009, s. 33, for sub-section (2) (w.e.f. 27-10-2009).

3 · Subs. by s. 34, ibid., for section 69 (w.e.f. 27-10-2009).

69A · . Power to issue directions for blocking for public access of any information through any computer resource . – (1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do , in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2) , for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

69B · . Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security . – (1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.

70 · . Protected system . – 2 [(1) The appropriate Government may, by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system.

3 · [(4) The Central Government shall prescribe the information security practices and procedures for such protected system.]

4 · [70A . National nodal agency . – (1) The Central Government may, by notification published in the Official Gazette, designate any organisation of the Government as the national nodal agency in respect of Critical Information Infrastructure Protection.

1 · Subs. by Act 18 of 2023, s. 2 and Schedule for " three years and shall also be liable to fine" (w.e.f. 30-11-2023).

2 · Subs. by Act 10 of 2009, s. 35, for sub-section (1) (w.e.f. 27-10-2009).

3 · Ins. by s. 35, ibid. (w.e.f. 27-10-2009).

4 · Ins. by s. 36, ibid. (w.e.f. 27-10-2009).

70B · . Indian Computer Emergency Response Team to serve as national agency for incident response. – (1) The Central Government shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian Computer Emergency Response Team.

71 · . Penalty for misrepresentation . – Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or 2 [electronic signature] Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

72 · . Penalty for Breach of confidentiality and privacy . – Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be 3 [liable to penalty which may extend to five lakh rupees] .

4 · [72A . 5 [Penalty] for disclosure of information in breach of lawful contract . – Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material

1 · Subs. by Act 18 of 2023, s. 2 and Schedule, for “one lakh” (w.e.f. 30-11-2023).

2 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

3 · Subs. by Act 18 of 2023, s. 2 and Schedule, for certain world (w.e.f. 30-11-2023).

4 · Ins. by Act 10 of 2009, s. 37, (w.e.f. 27-10-2009).

5 · Subs. by Act 18 of 2023, s. 2 and Schedule, for “Punishment” (w.e.f. 30-11-2023).

73 · . Penalty for publishing 2 [electronic signature] Certificate false in certain particulars . – (1) No person shall publish a 2 [electronic signature] Certificate or otherwise make it available to any other person with the knowledge that–

74 · . Publication for fraudulent purpose . – Whoever knowingly creates, publishes or otherwise makes available a 2 [electronic signature] Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

75 · . Act to apply for offence or contravention committed outside India . – (1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.

76 · . Confiscation . – Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:

3 · [77 . Compensation, penalties or confiscation not to interfere with other punishment . –N –No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force.

77A · . Compounding of offences . – A court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided, under this Act:

1 · Subs. by Act 18 of 2023, s. 2 and Schedule, for certain word (w.e.f. 30-11-2023).

2 · Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009).

3 · Subs. by s. 38, ibid ., for section 77 (w.e.f. 27-10-2009).

77B · . Offences with three years imprisonment to be bailable . –N –Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable.]

78 · . Power to investigate offences . –N –Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of 1 [Inspector] shall investigate any offence under this Act.

2 · [CHAPTER XII

79 · . Exemption from liability of intermediary in certain cases . – (1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him.

79A · . Central Government to notify Examiner of Electronic Evidence . – The Central Government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence.

1 · Subs. by Act 10 of 2009, s. 39, for “Deputy Superintendent of Police” (w.e.f. 27-10-2009).

2 · Subs. by, s. 40 , ibid ., for Chapter XII (w.e.f. 27-10-2009).

80 · . Power of police officer and other officers to enter, search, etc . – (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a 1 [Inspector], or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this Act.

81 · . Act to have overriding effect . – The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

2 · [Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 (14 of 1957) or the Patents Act, 1970 (39 of 1970) . ]

3 · [81A. Application of the Act to electronic cheque and truncated cheque . – (1) The provisions of this Act, for the time being in force, shall apply to, or in relation to, electronic cheques and the truncated cheques subject to such modifications and amendments as may be necessary for carrying out the purposes of the Negotiable Instruments Act, 1881 (26 of 1881) by the Central Government, in consultation with the Reserve Bank of India, by notification in the Official Gazette.

4 · [82. Controller, Deputy Controller and Assistant Controller to be public servants . – The Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860) . ]

83 · . Power to give directions . – The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any rule, regulation or order made thereunder.

84 · . Protection of action taken in good faith . –N –No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller or any person acting on behalf of

1 · Subs. by Act 10 of 2009, s. 41, for “Deputy Superintendent of Police” (w.e.f. 27-10-2009).

2 · Ins. by s. 42, ibid. (w.e.f. 27-10-2009).

3 · Ins. by Act 55 of 2002, s. 13 (w.e.f. 26-2-2003).

4 · Subs. by 7 of 2017, s. 169, for section 82 (w.e.f. 26-5-2017).

2 · [84A . Modes or methods for encryption . – The Central Government may, for secure use of the electronic medium and for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption.

84B · . Punishment for abetment of offences . – Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offence under this Act.

84C · . Punishment for attempt to commit offences . – Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.]

85 · . Offences by companies . – (1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

86 · . Removal of difficulties . – (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

87 · . Power of Central Government to make rules . – (1) The Central Government may, by notification in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.

1 · Subs. by Act 7 of 2017, s. 169, for "the Chairperson Members, adjudicating officers and the staff of the Cyber Appellate Tribunal" (w.e.f. 26-5-2017).

2 · Ins. by 10 of 2009, s. 45 (w.e.f. 27-10-2009).

1 · [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A;

2 · [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;]

4 · [(e) the manner of storing and affixing electronic signature creation data under section 15;

2 · [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;]

2 · [(oa) the duties of subscribers under section 40A;

1 · Subs. by Act 10 of 2009, s. 46, for clause (a) (w.e.f. 27-10-2009).

2 · Ins. by s. 46, ibid . (w.e.f. 27-10-2009).

3 · Subs. by s. 2

4 · Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009).

5 · Subs. by s. 46 , ibid., for "and Assistant Controllers " (w.e.f. 27-10-2009).

6 · Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009).

2 · [(w) the powers and functions of the Chairperson of the 3 [Appellate Tribunal] under section 52A;

88 · . Constitution of Advisory Committee . – (1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee.

1 · Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017).

2 · Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009).

3 · Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal”(w.e.f. 26-5-2017).

4 · Subs. by Act 10 of 2009 , s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009).

5 · The words “the notification or” omitted by s. 46, ibid. (w.e.f. 27-10-2009).

89 · . Power of Controller to make regulations . – (1) The Controller may, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.

90 · . Power of State Government to make rules . – (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

91 · . [Amendment of Act 45 of 1860 . ] — Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 48 (w.e.f. 27-10-2009).

92 · . [Amendment of Act 1 of 1872.] — Omitted by s. 48, ibid. (w.e.f. 27-10-2009).

93 · . [Amendment of Act 18 of 1891.] — Omitted by s. 48, ibid. (w.e.f. 27-10-2009).

94 · . [Amendment of Act 2 of 1934.] — Omitted by s. 48, ibid. (w.e.f. 27-10-2009).

1 · Subs. by notification No. S.O. 1015(E), for “(m)” (w.e.f. 19-9-2002).

2 · Clause (c) omitted by Act 10 of 2009, s. 47 (w.e.f. 27-10-2009).

1 · [THE FIRST SCHEDULE

1 · Subs. by Act 10 of 2009, s. 49, for the First Schedule and the Second Schedule (w.e.f. 27-10-2009).

2 · Subs. by notification No S.O. 4720(E), for serial number 1 and the entries relating thereto, Dated 26-9-2022.

3 · Ins. by S.O. 4720(E), Dated 26-9-2022.

4 · Serial number 5 and the entries relating thereto Omitted by S.O. 4720(E), Dated 26-9-2022.

1 · [THE SECOND SCHEDULE

1 · Subs. by Act 10 of 2009, s. 49, (w.e.f. 27-10-2009).

2 · . Ins. by G.S.R. 61(E), dated 27-1-2015 (w.e.f. 28-1-2015).

3 · . Ins. by S.O. 1119(E), dated 1-3-2019.

4 · . The words "on hardware security module" omitted by G.S.R. 539(E), dt. 30-6-2015 (w.e.f. 6-7-2015).

5 · Ins. by S.O. 1119(E), dated 1-3-2019.

6 · . Ins. by S.O. 1119(E), dated 1-3-2019.

1 · Subs . by G.S.R. 446(E), for "(g)" dated 27-4-2016 (w.e.f. 27-4-2016)."

2 · . Ins. by S.O. 3472(E), dated 29-9-2020.

Subordinates (73)

THE RAJASTHAN CYBER CAFE RULES, 2007

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[To be published in the part-IV of the Delhi Gazette-Extraordinary]

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Atz ? &he Gazette of Atzdia

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YTTFYTT HnT *05 f4a, 2007 [TTSTHTT <TG4, 3HIHRUT , HTJT 4(31)-1 feaia5 23 394, 2007 # 5anf?iat]

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[Part II-Sec.30)] THE GAZETTE OF INDIA EXTRAORDINARY

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IT Act Notification No 240 THE GAZETTE OF INDIA EXTRAORDINARY

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THE GAZETTE OF INDIA

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INFORMATION TECHNOLOGY (CERTIFYING AUTHORITIES) RULES, 2000

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The Principal rules were published in the Gazette of India, Extra-ordinary, Part II, Section 3, sub -section (i), dated the 17 th October, 2

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Government of Chhattisgarh Information Technology Biotechnology Department Mantralaya, Naya Raipur ORDER

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GOVERNMENT OF CHIIATTISGARH

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GOVERNMENT OF CHHATTISGARH

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IT Act Notification No 181 THE GAZETTE OF INDIA EXTRAORDINARY

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IT Act Notification No 221

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[Part II-Sec.3(i)]

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Government of Chhattisgarh Department of Electronics & Information Technology Mantralaya, Naya Raipur

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INFORMATION TECHNOLOGY (CERTIFYING AUTHORITY) REGULATIONS, 2001 (Under Section 89 of the Information Technology Act, 2000)

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Government of Chhattisgarh

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{&Ho_o_ Wdo_33004/99

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THE GAZETTE OF INDIA

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MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

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IT Act Notification No 221 THE GAZETTE OF INDIA EXTRAORDINARY

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GOVERNMENT OF CHHA TTISGARH

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favT %r # 37fa 31* {orh 3 TR YTN (T47 sla {az) $ %qm 8j 3j7, #7i7 j.2-22-b7iv1g 1238 f& #. fiaTlg , frriy 30-5-2001.

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IT Act Notifications GSR 904 THE GAZETTE OF INDIA EXTRAORDINARY

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frtto_so_qo-33004/99

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IT Act Notifications GSR 535

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GOVERNMENT OF CHHATTISGARII

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IT Act Notifications GSR 902

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GOVERNMENT OF CHHATTISGARH

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44 ro jo rdo-33004/99

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GOVERNMENT OF CHHATTISGARH

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IT Act Notification No 240 THE GAZETTE OF INDIA

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INFORMATION TECHNOLOGY

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GOVERNMENT OF CHHATTISGARII

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IT Act Notifications GSR 582 THE GAZETTE OF INDIA EXTRAORDINARY

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IT Act Notification No 181 THE GAZETTE OF INDIA EXTRAORDINARY

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CHHATTISGARH GOVERNMENT DEPARTMENT OF INFORMATION TECHNOLOGY

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Tk&To_3o Wdo_33004/99

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"Tav %rr & 37ia 3r 3t Tr TTN f7 3682 ) & dqu 87 ajHA, 7AiF, 7.1-22-U7ip1a T 1 38 F, # nar, 8aia 30-05-2001.

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MINISTRY OF COMMUNICATIONS AND INFORMA TION TECHNOLOGY

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SPORT Ho sto 330-3304/99

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Government of Chhattisgarh

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GOVERNMENT OF CHHATTISGARH

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IT Act Notifications GSR 901 THE GAZETTE OF INDIA EXTRAORDINARY

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Hlaryana (puernnient (azette EXTRAORDINARY Published by Authority Govt: of Haryana No_ 146-2022/Ext. CHANDIGARH, TUESDAY, AUGUST 16,2022 SRA

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CHHATTISGARH GOVERNMENT

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IT Act Notifications GSR 582 THE GAZETTE OF INDIA EXTRAORDINARY

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GOVERNMENT OF CHHATT1SGARH

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<£he (Baxette of <3udia

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IT Act Notifications GSR 904 THE GAZETTE OF INDIA

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"6.1141 WE% aria Tffrq ftzr P1thZ ) ttq itii v4 4 1 , 1id / 38 Rf. Rmi4, 30-052001."

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T7r]Tjo Zto Uclo- 13004/99

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IT Act Notifications GSR 902 THE GAZETTE OF INDIA EXTRAORDINARY

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INFORMATION TECHNOLOGY (CERTIFYING AUTHORITY) REGULATIONS, 2001

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GOVERNMENT OF CHHATTISGARH

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xarl %o <lo Vato-33004/99

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44 ro jo rdo-33004/99

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© Govt. of Haryana

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GOVERNMENT OF CHHATTISGARH

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rijrfi ro &o vao-33004/99

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IT Act Notification No 717

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GOVERI\MENT OF CHHATTISGARH

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GOVERNMENT OF CHHATTISGARH

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"farth the $ STah

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THE RAJASTHAN CYBER CAFE RULES, 2007

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[To be published in the part-IV of the Delhi Gazette-Extraordinary] GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Department of Informat

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IT Act Notification No 717 THE GAZETTE OF INDIA EXTRAORDINARY

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GOVERNMENT OF CHHATTISGARH

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GOVERNMENT OF CHHATTISGARH

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GOVERNMENT OF CHHA TTISGARH

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IT Act Notifications GSR 901

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6840f96d734a204594770892b8694be8c72c37fc f7ed1a77f39c

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