The Genesis and Objective of IT legislation in India:
The Genesis of IT legislation in India:
Mid 90’s saw an impetus in globalization and computerisation,
with more and more nations computerizing their governance, and e-commerce seeing an enormous
growth. Until then, most of international trade and transactions were done through documents being
transmitted through post and by telex only. Evidences and records, until then, were predominantly
paper evidences and paper records or other forms of hard-copies only. With much of international trade
being done through electronic communication and with email gaining momentum, an urgent and
imminent need was felt for recognizing electronic records ie the data what is stored in a computer or an
external storage attached thereto.
The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on
e-commerce in 1996. The General Assembly of United Nations passed a resolution in January 1997
inter alia, recommending all States in the UN to give favourable considerations to the said Model Law,
which provides for recognition to electronic records and according it the same treatment like a paper
communication and record.
Objectives of I.T. legislation in India: .
It is against this background the Government of India
enacted its Information Technology Act 2000 with the objectives as follows, stated in the preface to the
Act itself.
“to provide legal recognition for transactions carried out by means of electronic data interchange and
other means of electronic communication, commonly referred to as "electronic commerce", which
involve the use of alternatives to 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, got President assent
on 9 June and was made effective from 17 October 2000.
The Act essentially deals with the following issues:
Legal Recognition of Electronic Documents
Legal Recognition of Digital Signatures
Offenses and Contraventions
Justice Dispensation Systems for cyber crimes.
Categories:
Cyber Law,
Indian Polity
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