Description

The book deals with law relating to information technology, e-commerce, e-governance and cyber crimes. It is that branch of cyber law which regulates and governs information storage, processing and communication. The law of Information Technology enacted as Information Technology Act, 2000 is based on the UNCITRAL Model Law and provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”. It was enacted in 2000 in order to fill the growing gap between the law and the technology as covering the field of electronic commerce defining what constitutes electronic contract or business conducted on internet and addressing security. It gives a fillip to the growth of electronic based transactions, to facilitate e-governance, to ensure security practices and procedures by laying emphasis on electronic signatures, cryptography, authentication and certification, and to prevent computer based crimes (known as cyber crimes) like publishing sexually explicit materials in electronic form, video voyeurism and breach of confidentiality and leakage of data by intermediary, e-commerce frauds like personation commonly known as phishing, identity theft and offensive messages through communication services’.

The Act was amended in 2008 by the Information Technology (Amendment) Act, 2008 replacing the term “digital signature” with “electronic signature” and thereby broadening scope of electronic authentication methods beyond traditional digital signatures, and, also introducing exemptions and some new definitions. The amendment strengthened India’s legal framework for electronic transactions, data security, and digital signatures.

The Act was again amended in 2023 by the Jan Vishwas (Amendment of Provisions ) Act, 2023, decriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business and again amended by Digital Personal Data Protection Act, 2023 omitting provision relating to payment of damages by way of compensation to the person affected by negligent implementation and maintenance security measures and provisions causing wrongful loss to the affected person.