Unit III
Unit III
Unit III
Introductory Note:
• India has emerged as world's leader in the field of information
technology. The earrings from software export and IT services is
now contributing substantially to the Indian economy.
• It is estimated that IT and ITES export will account for more than
35% of all foreign exchange income of India by 2003 and the IT
industry will contribute to the 25% of incremental GDP growth
between 2002 to 2008.
• The number of computer and IT literates is bound to increase leaps
and bounds due to introduction of computer courses into the
schools, colleges and university curriculums and various private
computer institutes coming into existence at Block level.
The Indian Information Technology Act, 2000
• Indian Parliament has enacted 'The Information Technology Act,
2000' to provide recognition for transaction carried out by means of
electronic data interchange and other means of electronic
communication, commonly referred to as "electronic commerce" .
• The Indian Evidence Act, 1872, The Banker's Book Evidence Act,
1891 and the Reserve Bank of India Act, 1934 and for other matters
connected therewith or incidental thereto. The important objective of
the Act, of course, is to facilitate legal recognition and regulation of
commercial activities through electronic medium.
• Penalty for Damage of Computer, Computer System or
Network
• Section 43 of the Act stipulates a liability to pay damages in the form
of compensation not exceeding Rs. one crore to the persons so affected
where any person without permission of the owner or any other
person, who is in-charge of a computer, computer system or computer
network.
The first category of violations, i.e., section 43, 44 and 45 of the Act, are
not subject to criminalisation and mens rea is not made applicable to them.