Commentary on the Information Technology Act is an exhaustive and up-to-date legal treatise that provides a detailed analysis of the Information Technology Act, 2000, along with its amendments, rules, and judicial interpretations. This book explains the legal framework governing electronic records, digital signatures, cybersecurity, data protection, and cybercrimes in India.
It covers:
Section-wise commentary on the IT Act, including recent amendments
Analysis of rules and regulations under the Act such as the Intermediary Guidelines, CERT-In directions, and Data Protection Guidelines
Legal recognition of electronic records and contracts
Cyber offences, investigation, and adjudication mechanisms
Role and liability of intermediaries and digital platforms
Jurisdictional issues and enforcement mechanisms
Key judgments from Indian and foreign courts interpreting IT law
Comparative insights with global data protection and cyber laws (GDPR, HIPAA, etc.)
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Genesis and Objectives of the IT Act, 2000
Global Developments in Cyber Law
Constitutional and Legal Framework for Digital India
Overview of Amendments – 2008, 2011, and Recent Rules (2021–2023)
Short Title, Extent, Commencement, and Application (Section 1)
Definitions and Key Terminology (Section 2)
Computer, Data, Digital Signature, Electronic Record, Cybersecurity, etc.
Legal Recognition of Electronic Records and Signatures (Sections 3–10A)
Secure Digital Signatures and E-Governance Provisions
Attribution, Acknowledgment, and Dispatch of E-Records
Regulation and Licensing of Certifying Authorities (Sections 17–34)
Functions of the Controller of Certifying Authorities (CCA)
Digital Signature Certificates and Their Legal Validity
Security Practices and Responsibilities of Users (Sections 35–42)
Cyber Contraventions and Compensation (Sections 43–45)
Adjudicating Officer and Procedure (Section 46)
Compounding and Appeal (Sections 47–48)
Cyber Appellate Tribunal (Sections 48–64A) (Note: Now merged with TDSAT)
Appeals and Jurisdictional Challenges
Cyber Crimes and Punishments (Sections 65–78)
Hacking, Identity Theft, Data Breach, Obscenity, Cyberterrorism
Investigation and Powers of Police and Government Agencies
Recent Trends in Cyber Offences (Deepfakes, Ransomware, AI Abuse)
Liability of Network Service Providers (Section 79)
Due Diligence and Safe Harbour Provisions
Impact of 2021 Intermediary Guidelines & Digital Media Ethics Code
CERT-In Directions and Compliance Mandates (2022)
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
CERT-In Directions (2022) – Reporting Cyber Incidents and KYC Norms
IT (Reasonable Security Practices and Sensitive Personal Data) Rules, 2011
Draft Digital Personal Data Protection Act (overview)
E-Governance and Digital Contracts
Cybersecurity Frameworks in India (NCIIPC, CERT-In, IT Cells)
Electronic Evidence and Its Admissibility under the Indian Evidence Act
Banking, E-commerce, and Financial Sector Cyber Compliance
Social Media Regulation and Fake News
Landmark Supreme Court and High Court Decisions
Shreya Singhal v. Union of India
Puttaswamy (Privacy) Case
K.S. Puttaswamy v. Facebook India, WhatsApp, etc.
Comparative Study with International Laws
GDPR (EU), CCPA (USA), UK Online Safety Bill
Emerging Challenges: AI, Blockchain, Deepfakes, and Cloud Computing
| Shikher Deep Aggarwal & Kush Kalra Commentary on the Information Technology Act |
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