The Information Technology Act

Short title, extent, commencement and application

Definitions

Authentication of electronic records

Electronic signature

Legal recognition of electronic records

Legal recognition of electronic signatures

Use of electronic records and electronic signatures in Government and its agencies

Delivery of services by service provider

Retention of electronic records

Audit of documents, etc., maintained in electronic form

Publication of rule, regulation, etc., in Electronic Gazette

Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form

Power to make rules by Central Government in respect of electronic signature

Validity of contracts formed through electronic means

Attribution of electronic records

Acknowledgment of receipt

Time and place of despatch and receipt of electronic record

Secure electronic record

Secure electronic signature

Security procedures and practices

Appointment of Controller and other officers

Functions of Controller

Recognition of foreign Certifying Authorities

[Omitted.]

Licence to issue electronic signature Certificates

Application for licence

Renewal of licence

Procedure for grant or rejection of licence

Suspension of licence

Notice of suspension or revocation of licence

Power to delegate

Power to investigate contraventions

Access to computers and data

Certifying Authority to follow certain procedures

Certifying Authority to ensure compliance of the Act, etc

Display of licence

Surrender of licence

Disclosure

Certifying authority to issue electronic signature Certificate

Representations upon issuance of Digital signature Certificate

Suspension of Digital Signature Certificate

Revocation of Digital Signature Certificate

Notice of suspension or revocation

Generating key pair

Duties of subscriber of Electronic Signature Certificate

Acceptance of Digital Signature Certificate

Control of private key

Penalty and compensation for damage to computer, computer system, etc

Compensation for failure to protect data

Penalty for failure to furnish information, return, etc

Residuary penalty

Power to adjudicate

Factors to be taken into account by the adjudicating officer

Appellate Tribunal

Decision by majority

Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings

Appeal to Appellate Tribunal

Procedure and powers of the Appellate Tribunal

Right to legal representation

Limitation

Civil court not to have jurisdiction

Appeal to High Court

Compounding of contraventions

Recovery of penalty or compensation

Tampering with computer source documents

Computer related offences

Punishment for sending offensive messages through communication service, etc

Punishment for dishonestly receiving stolen computer resource or communication device

Punishment for identity theft

Punishment for cheating by personation by using computer resource

Punishment for violation of privacy

Punishment for cyber terrorism

Punishment for publishing or transmitting obscene material in electronic form

Punishment for publishing or transmitting of material containing sexually explicit act, etc., in  electronic form

Punishment for publishing or transmitting of material depicting children in sexually explicit act,  etc., in electronic form

Preservation and retention of information by intermediaries

Power of Controller to give directions

Power to issue directions for interception or monitoring or decryption of any information through  any computer resource

Power to issue directions for blocking for public access of any information through any  computer resource

Power to authorise to monitor and collect traffic data or information through any computer  resource for cyber security

Protected system

National nodal agency

Indian Computer Emergency Response Team to serve as national agency for incident response

Penalty for misrepresentation

Penalty for Breach of confidentiality and privacy

Punishment for disclosure of information in breach of lawful contract

Penalty for publishing electronic signature Certificate false in certain particulars

Publication for fraudulent purpose

Act to apply for offence or contravention committed outside India

Confiscation

All sections

While adjudging the quantum of
compensation under this Chapter, the adjudicating officer shall have due regard to the following factors,
namely:--

(a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;

(b) the amount of loss caused to any person as a result of the default;

(c) the repetitive nature of the default.


LAWGIST

# 47 Factors to be taken into account by the adjudicating officer