Q: Elaborate sections 79, 80, 82, 83, 84 and 85 of information technology act ?

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 with protection of action taken in good faith. Any suit, prosecution or other legal proceedings shall lie against Central government, the state government, the Controller or any other person on behalf of him, the presiding officer, adjudicating officer, and the staff of the Cyber Appellate Tribunal for anything which is in good faith done or intended to be done in pursuance of this act or any rule , regulation or order made thereunder.  So, if any act is done in good faith by above mentioned authorities, no legal action will be taken against them.

Section 85 of Information Technology Act, 2000 deals with offences by companies.

and was responsible to the company for the conduct of business of the company as well as the company, shall be the guilty of the contravention and shall be liable to the proceeded against and punished accordingly: 

Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.



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