Information Technology Act, 2000 – Exam Summary

Posted on April 30, 2026April 30, 2026 by Admin

⚖️ Information Technology Act, 2000 – Exam Summary

🔹 Objective

To give legal recognition to electronic records and digital signatures
To facilitate e-commerce and e-governance
To penalize cybercrimes

🔹 Key Concepts

Concept	Meaning
Electronic Record	Data in digital form
Digital Signature	Authentication using cryptography
Certifying Authority	Issues digital signature certificates
Intermediary	Platform/service provider (e.g., social media)

🔹 E-Governance Provisions

Section	Provision
S.4	Legal recognition of electronic records
S.5	Legal recognition of digital signatures
S.6	Use of e-records by government
S.10A	Validity of e-contracts

👉 E-contracts are legally enforceable

🔹 Important Cyber Offences

Section	Offence
S.43	Unauthorized access, data theft (civil liability)
S.65	Tampering with computer source code
S.66	Computer-related offences (criminal)
S.66C	Identity theft
S.66D	Cheating by personation (online fraud)
S.66E	Violation of privacy
S.66F	Cyber terrorism
S.67	Obscene content online
S.67A	Sexually explicit content
S.67B	Child pornography

🔹 Intermediary Liability

Section 79 – Safe Harbour

Intermediaries not liable if:
- No knowledge of offence
- Due diligence followed
- Remove content upon notice

🔹 Government Powers

Section	Power
S.69	Interception, monitoring, decryption
S.69A	Blocking of websites
S.70	Protected systems
S.72	Breach of confidentiality

🔹 Adjudication & Appellate Mechanism

Adjudicating Officer → for civil contraventions (S.46)
Appeal → Appellate Tribunal (now merged with TDSAT)

🔹 Nature of Offences

Many offences are cognizable & bailable
Technology-neutral, applies to digital environment

⚖️ Landmark Judgments (Must Cite)

1. ➤ Shreya Singhal v. Union of India

Ratio:

Section 66A struck down as unconstitutional
Violates freedom of speech (Art. 19(1)(a))
👉 Most important case

2. ➤ Anvar P.V. v. P.K. Basheer

Ratio:

Electronic evidence requires mandatory 65B certificate
👉 Crucial for trials

3. ➤ K.S. Puttaswamy v. Union of India

Ratio:

Privacy is a fundamental right
👉 Impacts IT Act provisions (data, surveillance)

4. ➤ Sharat Babu Digumarti v. Government of NCT of Delhi

Ratio:

IT Act overrides IPC in cyber offences (special law prevails)

📊 Quick Revision Chart

Aspect	IT Act
Aim	E-commerce + cybercrime control
Key Feature	Digital signatures
Major Offence	Hacking, identity theft
Intermediary Protection	Section 79
Key Power	Website blocking (S.69A)
Landmark Case	Shreya Singhal (66A struck down)

🔹 Important Exam Points

66A → Unconstitutional
65B certificate → Mandatory
IT Act overrides IPC in cyber matters
Safe harbour depends on due diligence

🧾 Ready-to-Use Judicial Line

“The IT Act, being a special statute governing cyber offences, prevails over general penal law, and liability of intermediaries is limited under Section 79 subject to due diligence and absence of knowledge, as recognized in Shreya Singhal v. Union of India.”

📌 One-Line Exam Note

👉 “The IT Act provides legal recognition to digital transactions and penalizes cyber offences, while balancing free speech and intermediary liability.”

⚖️ Electronic Evidence Checklist (Section 65B – Practical Guide)

🔹 A. Step 1 – Identify Nature of Evidence

📱 Mobile data (WhatsApp chats, call records)
💻 Emails, PDFs, digital documents
🎥 CCTV footage, audio/video recordings
🌐 Social media posts

👉 Rule: If evidence is electronic → Section 65B applies

🔹 B. Step 2 – Is it Primary or Secondary?

Type	Requirement
Original device produced	65B certificate may not be needed
Copy (printout, CD, pen drive)	65B certificate mandatory

🔹 C. Step 3 – Mandatory Requirements of 65B Certificate

✔ Must contain:

Identification of electronic record
Description of device used
Statement that:
- Computer was in regular use
- Information fed in ordinary course
- Device was properly functioning
Signed by a responsible official/person in control

🔹 D. Step 4 – Timing of Certificate

Preferably filed with charge-sheet / evidence
Can be filed later if justified (court discretion)

🔹 E. Step 5 – Key Judicial Rules

➤ Anvar P.V. v. P.K. Basheer

✔ 65B certificate is mandatory for admissibility of electronic record

➤ Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal

✔ Reaffirmed:

Certificate is compulsory
Can be filed later with permission
If device not in party control → relaxation possible

🔹 E. Step 6 – Special Situations

📌 When device NOT in possession:

Party can:
- Apply to court for summons to produce certificate
- Seek direction to authority (e.g., telecom company)

📌 CCTV Evidence:

Must prove:
- Proper functioning of system
- No tampering
- Continuous recording

📌 WhatsApp / Social Media:

Screenshot alone not sufficient
Must be supported by:
- 65B certificate
- Device linkage / ownership proof

🔹 F. Step 7 – Grounds to Reject Electronic Evidence

❌ No 65B certificate (when required)
❌ Incomplete certificate
❌ Doubt about authenticity/tampering
❌ Source/device not proved

🔹 G. Step 8 – Appreciation of Evidence

Check:
- Authenticity
- Integrity (no tampering)
- Relevance
Corroborate with:
- Oral evidence
- Other documentary evidence

📊 Quick Courtroom Table

Situation	Admissibility
Original device produced	Admissible
CD/printout without 65B	❌ Inadmissible
Certificate defective	❌ Reject / seek correction
Certificate later filed	✔ Allowed (with reason)

🧾 Model Judicial Findings

✔ When admitting evidence:

“The electronic record is accompanied by a valid certificate under Section 65B of the Indian Evidence Act, 1872 and satisfies the conditions laid down in Anvar P.V. v. P.K. Basheer; hence it is admissible.”

❌ When rejecting:

“In absence of a mandatory certificate under Section 65B, the electronic record is inadmissible in evidence as held in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal.”

📌 Golden Rules (Exam Focus)

⭐ 65B certificate = backbone of admissibility
⭐ Secondary electronic evidence → certificate compulsory
⭐ Substance + procedure both important

📌 One-Line Exam Note

👉 “Electronic evidence is admissible only when accompanied by a valid Section 65B certificate, unless the original device is produced.”

📄 SECTION 65B CERTIFICATE (DRAFT FORMAT)

CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, [Name], son/daughter of [Name], aged ___ years, residing at [Address], do hereby certify as follows:

1. Identification of Electronic Record

That the annexed electronic record, namely:
👉 [Describe clearly – e.g., printout of WhatsApp chat dated __ to __ / CCTV footage of camera no. __ dated __ time __ / email communication dated __],
is produced from the computer/device described below.