Information Technology Act, 2000

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Report of the Expert Committee

Proposed Amendments to Information Technology Act 2000

August 2005

Department of Information Technology

Ministry of Communications & Information Technology

Government of India

New Delhi

PROPOSED AMENDMENTS

TO

INFORMATION TECHNOLOGY ACT, 2000
[Act No. 21 of 2000 dated 9th June, 2000]

|An Act 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. | |Whereas the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model | |Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law; | |And Whereas the said resolution recommends inter alia that all States give favourable consideration to the said Model Law when | |they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods | |of communication and storage of information; | |And Whereas it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government | |services by means of reliable electronic records. | | | |Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows: - | |  | | | | |

CHAPTER I : PRELIMINARY

1. Short title, extent, commencement and application:-
(1) This Act may be called the Information Technology Act, 2000. 

(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention thereunder committed outside India by any person.

(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

(4) Nothing in this Act shall apply to

1-4(a) a negotiable instruments as defined in section 13 of the Negotiable Instruments Act, 1881;

(b) a power-of-attorney as defined in section 1A of the Powers -of-Attorney Act, 1882;

(c) a trust as defined in section 3 of the Indian Trusts Act, 1882;

(d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called;

(e) any contract for the sale or conveyance of immovable property or any interest in such property;

(f) any such class of documents or transactions as may be...
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