IT Act

Ans:  Section 67: Publishing obscene material in electronic form.  Section 68 : Failure to comply with the directions of controller.  Section 71: Misrepresentation  Section 72: Breach of confidentiality and privacy  Section 73: Publication for fraudulent purpose.

Ans: According to section 79 of information technology act,  the network service provider will not be liable in certain cases. Section 80 of Information Technology Act, 2000 deals with the power of Police officer and other officers to enter, search,etc. Section 21 of Indian Penal code mentions Public Servant. According to section 82 of Information Technology Act, 2000, the presiding officer and other officers and employees of Cyber Appellate Tribunal, the Controller, Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of Section 21 of Indian Penal Code, 1860. Section 83 of Information Technology Act, 2000 mentions power to give directions. According to Section 83 of Information Technology Act, 2000, the Central Government  is supreme and may give directions to any State Government to execute any provision, rule and regulation of this Information Technology Act, 2000. Section 84 of Information Technology Act, 2000 deals ...

Ans:  Section 66 : punishment is imprisonment upto 3 years or fine upto Rs 3 lakhs or both. Section 66 A: Punishment for 3 years or fine or both.  Section 66 B: Punishment upto 3 years or fine upto Rs 1 lakh or both. Section 66 C of information technology act, 2000: Punishment for 3 years or fine upto Rs 1 lakh or both. 66D : Punishment for 3 years or fine upto Rs 1 lakh or both. 66F: Punishment for cyber terrorism is imprisonment of life.

Ans:  Section 30: Certifying authority to follow certain procedure.  Section 31: Certifying authority to ensure compliance of the act, etc. Compliance: अनुपालन

1. Power to delegate :  Section 27 2. Power to investigate contravention  : Section 28 3.Access to computers and data : Section 29 Oms: delegate, investigate and access Dia Mirza

Ans: A certifying authority is a trusted third party or entity that will get license from the controller and will issue electronic signature certificate.   Section 21 to section 25: 21: License to grant electronic signature certificate  22. Application for license  23. Renewal of license  24. Procedure for grant or rejection of license 25. Suspension of license . 26. Notice of suspension or revocation of license. 32. Display of license. 33. Surrender of license. 

Ans: Sections 17 to 34 of Chapter VI of the Act provide for the Controller of Certifying Authorities (CCA) to licence and regulate the working of Certifying Authorities (CAs). CCA also ensures that none of the provisions of the Act are violated. The regulation of certifying authorities or electronic signature infrastructure in India consists of : Controller of Certifying Authority (CCA). The IT Act, 2000 provides for an appointment, functions, powers, duties of CCA (the apex regulatory body for certifying authorities in India) and other officers. Certifying Authorities (CAs). A certifying authority is a trusted third party or entity that will get licence from the controller and will issue electronic signature certificate to the users of e-commerce. These authorities will function under the supervision and control of the Controller of Certifying Authorities. Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. Few...

Ans: Rules Regarding Issue of Licence :  a) Application for licence (Rule 8). The following persons may apply for grant of licence to issue electronic signature certificate :  An individual, being a citizen of India and having a capital of ` 5 crore or more in his business or profession ; A company having (i) paid up capital of not less than ` 5 crore, and (ii) net worth of not less than ` 50 crore ;However, the company in which the equity share capital held in aggregate by the non-resident Indians, foreign institutional investors, or foreign companies, exceeds 49% of its capital, shall not be eligible for the grant of licence ; A firm having capital subscribed by all partners of not less than ` 5 crore and net worth of not less than ` 50 crore ; However, the firm, in which the capital held in aggregate by any non-resident Indian and foreign national, exceeds 49% of its capital, shall not be eligible for grant of licence ; Central Government or a State Government or any of the...

Ans: Chapter 6 is regulation of Certifying Authorities. Section 17 of information is act mentions about appointment of controller and other officers whereas section 18 of information technology act deals with functions of controller. The Controller may perform all or any of the following functions, namely:- (a) exercising supervision over the activities of the Certifying Authorities; (b) certifying public keys of the Certifying Authorities; (c) laying down the standards to be maintained by the Certifying Authorities; (d) specifying the qualifications and experience which employees of the Certifying Authority should possess; (e) specifying the conditions subject to which the Certifying Authorities shall conduct their business; (f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a 1 [Electronic Signature] Certificate and the public key; (g) specifying the form and content of a 27 [Electronic Signature] C...

Ans:  Section 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 and Assistant Controllers, other officers and employees as it deems fit. (2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government. (3) The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the general superintendence and control of the Controller. (4) The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controllers other officers and employees shall be such as may be prescribed by the Central Government. (5) The Head Office and Branch Office of the Office of the Controller shall ...

Ans: Secure Electronic Records( Section 14) and Secure Digital Signatures( Section 15) : In the age of e-commerce where the electronic records and digital signatures are of crucial significance for proper functioning of e-commerce and business in the globalised free market economy it is imperative that the transactions of ecommerce in the form of electronic record and digital signatures should be secure, authentic and must be suitably confidential from the general public and third parties. The relevant parties to the electronic records and digital signatures must be confident while conducting e-commerce or business that their transactions are secure and cannot be tampered with by any unrelated persons to the transactions of e-commerce between the relevant parties. Therefore, in order to have proper security procedures to secure electronic records and digital signatures, proper cyber laws are very essential. Many countries in the world have tried to frame such laws suiting to their uniq...

Ans: Dispatch of Electronic Record(Section 13)   This section states that when a person sends an electronic record from his computer then that particular time becomes the time of dispatch. For example if Mr. A composes an email at 3.30 am and presses the “Send” button at 4.30 am then time of dispatch will be 4.30 am because after pressing send button the sender cannot make any changes to the record.

Ans: Acknowledgment of receiving of electronic record (Section12). If the originator has not specified any specific mode of acknowledgement (an act by the addressee that he/she has received the electronic record), the acknowledgement can be given by a return mail by the addressee or an automated response by the addressee or an act by addressee that shows the acknowledgement. For example when a person receives an email by an estate agent, for real estate properties, the person can send a thank u mail or can send an automatic reply or can show interest in the offer given by the agent by visiting him. All the three option show an acknowledgement. If the originator has specified a format and time period for sending the acknowledgement, then the addressee must send the acknowledgement in that format and within the given time period otherwise the originator can send a notice to the addressee stating that no acknowledgement was received.

Ans:Chapter 4 of IT Act, 2000, “Attribution, Acknowledgement & Dispatch of Electronic records. Attribution of electronic records (Section 11) The word attribution means, “The act of establishing a particular person as the creator of a work of art. 2. Something, such as a quality or characteristic, that is related to a particular possessor.” With respect to IT At 2000, attribution of electronic records means fixing identity of sender and receiver. Here originator is a person who sends or generates any electronic record. The receiver of electronic record is termed as Addressee. For example if ‘A’ sends an email to ‘B’, then ‘A’ is a sender or originator and ‘B’ is Addressee. In normal course of communication (postal communication or paper communication), it’s very easy to identify originator and addressee but in electronic communication it’s not the same. The electronic record can be sent by the originator himself or by the person who has been authorized by the originator or by an in...

Ans:  Chapter 11 of information technology act, 2000 deals with offences. Chapter 12 of information technology act, 2000 deals with intermediaries not to be liable in certain cases. Chapter 12 A of information technology act deals with examiner of electronic evidence . Chapter 13 of information technology act, 2000 deals with Miscellaneous.

 Ans:  Chapter 6 of information technology act deals with regulation of Certifying Authorities. Chapter 7 of information technology act deals with electronic signature certificates. Chapter 8 of information technology act deals with duties of subscribers. Chapter 9 of information technology act deals with penalties,  compensation and adjudication. Chapter 10 of information technology act deals with appellate tribunal.

Ans: According to section 2(j) of information technology act,  2000, a computer network means the inter-connection of one or more computers or computer systems or communication device through :  (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication  media; and (ii) terminals or a complex consisting of two or more interconnected computers or  communication device whether or not the inter-connection is continuously maintained.

Ans: According to section 2(da) of information technology act,  2000, an appellate tribunal means the appellate tribunal referred to sub- section 1 of section 48.  According to section 48(1) of information technology act,  2000 , the telecom disputes settlement and appellate tribunal established under section 14 of Telecom regulatory authority of India Act, 1997 shall exercise the jurisdiction,  power and authority conferred on it by or under this act.   Keywords used:  Confer on :  to give someone an award, a degree, or a particular honor or right.

Ans: The first five chapters of information technology law are as follows:  1. Chapter 1 is preliminary. ( Section 1 and Section 2) 2. Chapter 2 is Digital Signature and Electronic Signature. (Section 3 and Section 3A)  3. Chapter 3 is electronic governance.( Section 4 to Section 10, and section 6A, 7A and 10 A)  4. Chapter 4 is attribution, acknowledgement and despatch of electronic records. (Section 11, 12 and 13)  5. Chapter 5 is secure electronic records and Secure electronic signature. ( Section 14, 15 and 16 ) x

Ans: According to section 94 of information technology act, 2000, the reserve bank of india act ,1934 shall be amended in the manner specified under fourth schedule of information technology act,  2000.  x

Ans: According to section 93 of information technology act,  the Banker's book evidence act, 1891 shall be amended in the manner specified in third schedule of information technology act,  2000. 

Ans: According to section 92 of information technology,  2000, the Indian Evidence Act, 1872 will be amended in the manner specified in the second schedule of the act.  x

Ans: According to section 91 of information technology act, 2000 , the Indian Penal Code,  1860 shall be amended in the manner specified in the first schedule of the information technology act, 2000. 

Ans: The amendments are mentioned from section 90 to section 94 of information technology act,  2000. These amendments are in Indian Penal Code,  1860, Indian Evidence Act, 1872 ,the Banker's book evidence act, 1891 and Reserve Bank of India Act, 1934. The amendments are specified in four schedules consecutively.