In India, the IT ACT 2000 as amended by the various amendments including the substantial amendment by the Information Technology Amendment Act 2008.
Under the Information Technology Act IT ACT 2008, we can analyse the scope of the ACT under the following different perspectives mentioned below:
- The date of occurrence of the event
- The type of documents to which the provisions of IT ACT 2008 are applicable or not applicable
- The geographical area to which the provisions of IT ACT 2008 are applicable or not applicable
Scope in terms of date of occurrence:
When we try to determine if a specific act is a cybercrime or not within the meaning of IT ACT 2008, it is necessary to first recognize the date of occurrence of the event which is the “Cause of Action”.
IT ACT 2000 was notified with effect from 17thOctober 2000 and IT ACT 2008 was notified with effect from 27thOctober 2009. Since both versions do not have “retrospective effect” there could be different perceptions of crime prior to under IT ACT 2000, after IT ACT 2000 and after IT ACT 2008.
Prior to 17th October 2000, any offence in a law such as IPC in which a computer was either used as a tool of crime was tested under different provisions of IPC or other existing laws.
Scope of IT ACT 2000 is for any acts which occurred on or after 17th October 2000and the scope of amendments in the new version of IT ACT 2008 are limited to acts which occurred on or after 27thOctober 2009.
Since IT ACT 2008 has several new definitions of offence as well as changes from the previous version of the Act, there would be significant differences in the interpretation of certain events as cybercrime when you apply the yard stick of IT ACT 2008 against IT ACT 2000.
Scope in terms of type of electronic documents involved
Under Section 1($) of IT ACT 2008, it is stated that “Nothing in this Act shall apply to documents or transactions specified in the first schedule”.
Hence the scope of IT ACT 2008 is restricted to documents other than those indicated in the First Schedule. The five types of documents presently included in the First Schedule are as follows:
- A Negotiable Instrument (other than a cheque) as defined in Section 13 of the Negotiable Instruments Act 1881 (26 of 1881)
- A Power of Attorney as defined in Section 1 A of the Power of Attorney Act (7 of 1882)
- A trust as defined in Section 3 of the Indian Trusts Act 1882 (2 of 1882)
- A will as defined in Clause (h) of Section 2 of the Indian Succession Act, 1925 (39 of 1925) any testamentary deposition
- Any contact for the sale or conveyance of immovable property or any interest in such property
Scope in terms of territorial coverage
The scope of IT ACT 2008 by way of geographical coverage if determined by Section 1 (2) and Section 75 of the Act.
Under Section 1(2), IT ACT 2000/8 is applicable to the “Whole of India” without any exclusion of Jammu and Kashmir. This provision was enabled since the legislation was based on the recommendation of an UN resolution.
Under Section 75, the Act is made applicable for offences and contraventions committed outside India by persons irrespective of nationality if the “Act of conduct constituting the offence or contravention involves a computer, computer system or computer network located in India”.
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