Chapter 3 of IT Act, 2000 e-governance stress upon:
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) acquainted on 17 October 2000. This is the basic cyber law in India that deals with cybercrime and E-commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by a group of officials headed by then Minister of Information Technology PramodMahajan.
The original Act contained 94 sections, divided into 13 chapters and 4 schedules. This law is applicable to the whole of India. If any cyber crime is committed using Indian computer or network located in India, but the person is not an Indian national, still this law will be applicable to him. This act sets a legal framework for e-governance and e-commerce. It recognises the digital signature and electronic records. The act also directs the formation of Certifying Authorities to verify the digital signature. The Act amended a various section of various Indian Act to make them compatible with the latest technologies.
The main issues covered under the IT ACT 2000, are a
- ) Legal recognition of digital signatures.
- b) Legal recognition of electronic documents.
- c) Offences and contraventions
Chapter 3 of IT Act emphasizes upon following
- Legal recognition of electronic records.
Whenever any information is required in print, typewritten or written format , and the same information is available in electronic form. The information will be considered as valid form of authentication.
- Legal recognition of digital signatures.
If the law requires that the information should be authenticated by person’s signature then digital signature can also be taken as a valid signature.i.e. the law recognizes digital signature as valid form of authentication.
- Use of electronic records and digital signatures in Government and its agencies.
Any application, documents required by any government , slips, licenses, permits or payment of receipts issued by Government, can be valid in electronic form as well.
- Retention of electronic records.
This section deals with the retention of electronic records. The records should be retained for future references, and establishing identity.
- Publication of rule, regulation, etc., in Electronic Gazette.
If any rule, notification or bye-law is to be published in official Gazette can be published in Electronic Gazette as well.
- Power to make rules by Central Government in respect of digital signature.
The central government can make rules for digital signature, the manner in which digital signatures are affixed or the manner in which identity of person is fixed.