Dr.

Shakuntala Misra National Rehabilitation University,

Lucknow

ASSIGNMENT ON

INFORMATION TECHNOLOGY LAW

“E-GOVERNANCE UNDER IT ACT 2000”

(UNDER THE SUPERVISION OF MISS VIJETA MA’AM)

SUBMITTED TO: SUBMITTED BY:

Miss DR. Vijeta ma’am Himanshu Kumar

Faculty of Law, DSMNRU B.Com.LL.B(Hons.)

Mohan Road, 10thSemester

Lucknow. Roll.No-174140013

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TABLE OF CONTENTS

1. INTRODUCTION

2. E – Governance

3. Electronic Record

4. Retention E R

5. Central government make rules

6. Data Protection

7. Validity of contract

8. Electronic signature

9. Conclusion

10. Biliographhy

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Miss

VIJETA MA’AM, who gave me the golden opportunity to do this wonderful

project on the topic “E-Governance under It act 2000 ” which also helped

me in doing a lot of Research and I came to know about so many new

things I am really thankful to them.

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INTRODUCTION

The Government of India enacted The Information Technology Act with some major objectives
which are as follows −

 To deliver lawful recognition for transactions through electronic data interchange (EDI)
and other means of electronic communication, commonly referred to as electronic
commerce or E-Commerce. The aim was to use replacements of paper-based methods
of communication and storage of information.
 To facilitate electronic filing of documents with the Government agencies and further to
amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental thereto.

The Information Technology Act, 2000, was thus passed as the Act No.21 of 2000. The I. T. Act
got the President’s assent on June 9, 2000 and it was made effective from October 17, 2000. By
adopting this Cyber Legislation, India became the 12th nation in the world to adopt a Cyber Law
regime.

E-Governance
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According to the World Bank, E-Governance is when government agencies use information and
communication technologies to transform relations with citizens, businesses, and other
government agencies. One of the prime objectives of the IT Act, 2000 is the promotion of
electronic governance. In this article, we will talk about electronic records and e-governance.

In the IT Act, 2000, there are special provisions under Chapter III to grant legal recognition to
electronic records, signature, and also encourage the government and its agencies to use them.

Legal Recognition of Electronic Records (Section 4)

Let’s say that a certain law requires a matter written, typewritten, or printed. Even in the case
of such a law, the requirement is satisfied if the information is rendered or made available in an
electronic form and also accessible for subsequent reference.

Legal recognition of digital signatures (Section 5)

Let’s say that the law requires a person’s signature to authenticate some information or a
document. Notwithstanding anything contained in such law, if the person authenticates it with
a digital signature in a manner that the Central Government prescribes, then he satisfies the
requirement of the law.

For the purpose of understanding this, signature means a person affixing his handwritten
signature or a similar mark on the document.

Use of electronic records and digital signatures in Government and its

agencies (Section 6)

(1) If any law provides for –

a. the filing of a form, application, or any document with any Government-owned or controlled
office, agency, body, or authority
b. the grant or issue of any license, sanction, permit or approval in a particular manner
c. also, the receipt or payment of money in a certain way

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Then, notwithstanding anything contained in any other law in force such as filing, grant, issue,
payment, or receipt is satisfied even if the person does it in an electronic form. The person
needs to ensure that he follows the Government-approved format.

(2) With respect to the sub-section (1), may prescribe:

a. the format and manner of filing, creating or issuing such electronic records
b. also, the manner and method of payment of any fees or charges for filing, creating or
issuing any such records

Section 7 in The Information Technology Act, 2000

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-
(a) the information contained therein remains accessible so as to be usable for a subsequent
reference;
(b) the electronic record is retained in the format in which it was originally generated, sent or
received or in a format which can be demonstrated to represent accurately the information
originally generated, sent or received;
(c) the details which will facilitate the identification of the origin, destination, date and time of
despatch or receipt of such electronic record are available in the electronic record: Provided
that this clause does not apply to any information which is automatically generated solely for
the purpose of enabling an electronic record to be despatched or received.
(2) Nothing in this section shall apply to any law that expressly provides for the retention of
documents, records or information in the form of electronic records.

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Publication of rules, regulations, etc., in Electronic Gazette (Section 8)

Let’s say that law requires the publishing of official regulation, rule, by-law, notification or any
other matter in the Official Gazette. In such cases, the requirement is also satisfied if  such rule,
regulation, order, bye-law, notification or any other matter is published in the Official Gazette
or Electronic Gazette.

However, the date of publication of the rule, regulation, by-law, notification or any other
matter is the date of the Gazette first published in any form – Official or Electronic.

Section 6,7 and 8 do not confer a right to insist document should be

accepted in Electronic form (Section 9)

It is important to note that, nothing contained in Sections 6, 7, and 8 confer a right upon any
person to insist either the acceptance, issuance, creation or also retention of any document or
a monetary transaction in the electronic form from:

 Ministry or Department of the Central/State Government

 Also, any authority or body established under any law by the State/Central Government

Power to make rules by Central Government in respect of digital

signature (Section 10)

The IT Act, 2000 empowers the Central Government to prescribe:

 Type of digital signature

 Also, the manner and format of affixing the digital signature
 Procedures which facilitate the identification of the person affixing the digital signature
 Control processes and procedures to ensure the integrity, security, and confidentiality of
electronic payments or records
 Further, any other matter which is legally important for digital signatures

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Data Protection

Section 43A of the Information Technology Act, 2000:

Let’s say that a body corporate which possesses, deals or handles any sensitive personal data or
information in a computer resource which it owns, controls or operates, is certainly negligent in
implementing and maintaining reasonable security practices and procedures leading to a
wrongful loss or gain to a person.

In such cases, the body corporate is liable to pay damages by way of compensation. Further,
these damages cannot exceed five crore rupees.

Further, the Government of India notified the Information Technology (Reasonable security
practices and procedures and sensitive personal data or information) Rules, 2011, under section
43A of the IT Act, 2000. These rules specifically pertain to sensitive personal information or data
and are applicable to all body corporates within India.

Section 10A
In The Information Technology Act, 2000
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
record, such contract shall not be deemed to be unenforceable solely on the ground that such
electronic form or means was used for that purpose.

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Authentication of electronic records.-
SECTION 3

(1) Subject to the provisions of this section, any subscriber may authenticate an electronic
record by affixing his digital signature.

(2) The authentication of the electronic record shall be effected by the use of asymmetric
crypto system and hash function which envelop and transform the initial electronic record into
another electronic record. Explanation.-For the purposes of this sub-section, "hash function"
means an algorithm mapping or translation of one sequence of bits into another, generally
smaller, set known as "hash result" such that an electronic record yields the same hash result
every time the algorithm is executed with the same electronic record as its input making it
computationally infeasible-

(a) to derive or reconstruct the original electronic record from the hash result produced by the
algorithm;

(b) that two electronic records can produce the same hash result using the algorithm.

(3) Any person by the use of a public key of the subscriber can verify the electronic record.

(4) The private key and the public key are unique to the subscriber and constitute a functioning
key pair.

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Electronic signature. –(3A)
(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-

(a) is considered reliable; and

(b) may be specified in the Second Schedule.

(2) For the purposes of this section any electronic signature or electronic authentication
technique shall be considered reliable if-

(a) the signature creation data or the authentication data are, within the context in which they
are used, linked to the signatory or, as the case may be, the authenticator and to no other
person;

(b) the signature creation data or the authentication data were, at the time of signing, under
the control of the signatory or, as the case may be, the authenticator and of no other person;

(c) any alteration to the electronic signature made after affixing such signature is detectable;

(d) any alteration to the information made after its authentication by electronic signature is
detectable; and

(e) it fulfils such other conditions which may be prescribed.

(3) The Central Government may prescribe the procedure for the purpose of ascertaining
whether electronic signature is that of the person by whom it is purported to have been affixed
or authenticated.

(4) The Central Government may, by notification in the Official Gazette, add to or omit any
electronic signature or electronic authentication technique and the procedure for affixing such
signature from the Second Schedule: Provided that no electronic signature or authentication
technique shall be specified in the Second Schedule unless such signature or technique is
reliable.

(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.

CONCLUSION
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The original Act contained 94 sections, divided into 13 chapters and 4 schedules. The laws apply
to the whole of India. If a crime involves a computer or network located in India, persons of
other nationalities can also be indicted under the law, .

The Act provides a legal framework for electronic governance by giving recognition to electronic
records and digital signatures. It also defines cyber crimes and prescribes penalties for them.
The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance
of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes rising
from this new law. The Act also amended various sections of the Indian Penal Code, 1860, the
Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891, and the Reserve Bank of India
Act, 1934 to make them compliant with new technologies.

BIBLIOGRAPHY

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BOOK
IT LAW AND PRACTICE (VAKUL SHARMA )
IT ACT 2000 (BARE ACT)
SYBER LAW (SINGHAL LAW PUBLICATION )

WEBSITE

ITACT.RESEARCH.COM
CYBER CRIME .COM

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