Overview of the Information Technology Act, 2000 for CS Professional

Understand Overview of the Information Technology Act, 2000

Key rules to remember

Section 4: electronic records

Writing / typewritten / printed requirement is satisfied if the information is (a) in electronic form AND (b) accessible so as to be usable for a subsequent reference

Both conditions must be met. Access alone, or electronic form alone, is not enough.

Section 5: electronic signatures

Signature requirement is satisfied if authenticated by electronic signature affixed in the manner prescribed by the Central Government

Applies notwithstanding anything in the other law. The Explanation defines 'signed' as affixing a handwritten signature or any mark.

Electronic signature (s 2(1)(ta))

Authentication of an electronic record by a subscriber by the electronic technique specified in the Second Schedule; includes digital signature

Electronic signature is the wider term. Digital signature is included within it.

Digital signature (s 2(1)(p))

Authentication of an electronic record by a subscriber by an electronic method or procedure in accordance with section 3

Created using the private key; verified using the public key (asymmetric crypto system).

Electronic record (s 2(1)(t))

Data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche

Wider than a plain file; includes images and sound.

Intermediary (s 2(1)(w))

A person who on behalf of another receives, stores or transmits that record or provides any service with respect to that record

Includes telecom, network, internet and web-hosting service providers, search engines, online payment sites, auction sites, marketplaces and cyber cafes.

Originator and addressee

Originator: sends, generates, stores or transmits the message. Addressee: the person intended by the originator to receive it

Neither term includes an intermediary.

Section 10: rule-making power

Central Government may prescribe: type of electronic signature; manner and format of affixing; procedure to identify the person affixing; control processes for integrity, security and confidentiality; other matters

Five heads, (a) to (e).

Section 36: Certifying Authority certifies

(a) compliance with Act; (b) certificate published and accepted by subscriber; (c) subscriber holds the private key matching the public key; (ca) key can create a digital signature; (cb) public key can verify it; (d) functioning key pair; (e) information is accurate; (f) no knowledge of a material fact that would adversely affect (a) to (d)

Clauses (ca) and (cb) were inserted by the 2009 amendment.

Section 41: subscriber on acceptance

Subscriber certifies to all who reasonably rely that: (a) holds the private key and is entitled to hold it; (b) all representations to the CA and material facts are true; (c) all information in the certificate within the subscriber's knowledge is true

Acceptance is deemed if the subscriber publishes or authorises publication to one or more persons or in a repository, or otherwise shows approval.

How to solve Overview of the Information Technology Act, 2000 questions

1. 1Read the question and mark the trigger word: writing, signature, record, intermediary, certificate, or authority.
2. 2Name the section that applies, such as section 4 for writing or section 5 for signature, and state its rule in plain words.
3. 3Quote the exact conditions. For section 4 write both limbs: electronic form and accessible for later reference.
4. 4Pull in the relevant definition from section 2(1), such as electronic record, electronic signature or intermediary.
5. 5Apply the rule to the facts given, naming the person involved (subscriber, Certifying Authority, originator).
6. 6Check whether the Central Government rules or the manner prescribed are mentioned, since section 5 depends on them.
7. 7Write a one-line conclusion that answers the question asked.
8. 8Add a practical point if relevant, such as keeping records retrievable or confirming a certificate before relying on it.

Quickest way: Trigger-word to section map

Common mistakes in Overview of the Information Technology Act, 2000

• Writing that section 4 needs only electronic form.

  Students remember 'electronic equals writing' and drop the second limb.

  Fix: Always write both conditions: rendered or made available in electronic form and accessible so as to be usable for a subsequent reference.

• Treating digital signature and electronic signature as identical.

  The terms are used loosely in daily life.

  Fix: Say electronic signature is the wider term under section 2(1)(ta) and it includes digital signature. Section 5 uses electronic signature.

• Saying any electronic signature is valid under section 5.

  Students skip the closing words of the section.

  Fix: State that the signature must be affixed in the manner prescribed by the Central Government.

• Mixing up section 36 and section 41.

  Both list certifications about the key pair and the certificate.

  Fix: Section 36 is what the Certifying Authority certifies on issuing. Section 41 is what the subscriber certifies on accepting.

• Treating an intermediary as an originator or addressee.

  A platform seems to send or receive the message.

  Fix: Remember both definitions expressly exclude an intermediary. An intermediary acts on behalf of another.

• Quoting section numbers from memory for authorities and offences.

  Students try to show detail and guess.

  Fix: Use only numbers you are sure of, such as section 46(1) for the adjudicating officer and 48(1) for the Appellate Tribunal, and describe the rest in words.

Worked examples