Question 5 (b)
Objects of the Information Technology Act, 2000
6 marks
- Time to write
- About 12 minutes
From an older CBCS paper
Question
Question 5 (b) · 6 marksDiscuss the objects of IT Act, 2000.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- DiscussEach point named and explained, not just listed.
What the paper leaves open
This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Legal recognition of electronic commerce; electronic filing with Government 3 marks 5 min
- 2 Amendments to other laws; the UNCITRAL Model Law; delivery of Government services 2 marks 3 min
- 3 Sections 4 and 5 as the means 1 mark 2 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks. End with step 3 in a line or two.
Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Objects of the Information Technology Act, 2000, as its long title and preamble set them out. Read together, they come to three aims:
- Making electronic dealings legally valid. Business done by electronic data interchange, e-mail and other electronic means (electronic commerce) replaces paper records and paper communication; the Act gives such dealings the legal standing that paper documents already had.
- Bringing government online. It allows documents to be filed electronically with government agencies, so that government can serve citizens efficiently through reliable electronic records.
- Aligning Indian law with the world. The UN General Assembly, by its resolution of 30 January 1997, adopted the UNCITRAL Model Law on Electronic Commerce and recommended that all States give it favourable consideration, so that the law on paperless dealings would be uniform; the Act was passed to give effect to that resolution in India; to fit the new rules in, the Act amends the Indian Evidence Act, 1872, the Indian Penal Code, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934.
In giving effect to these objects the Act lets electronic records and signatures meet legal requirements of writing and signature, on conditions (sections 4 and 5, Chapter III "Electronic Governance"): a requirement of writing is met by an electronic record that stays accessible for later reference, and a requirement of a signature by an electronic signature affixed in the manner the Central Government prescribes. A document filed online and authenticated in that manner therefore meets a legal requirement that it be written and signed.
Conclusion. The Act's objects are to give electronic commerce and electronic records legal validity, to make electronic dealings with government possible, and to bring Indian law into line with the UNCITRAL Model Law.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Legal recognition of electronic commerce; electronic filing with Government | 3 |
| 2 | Amendments to other laws; the UNCITRAL Model Law; delivery of Government services | 2 |
| 3 | Sections 4 and 5 as the means | 1 |
| Total | 6 |
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