Sec 2 of IT Act, 2000

Aditya Kedari
Assistant Professor
Symbiosis Law School, Pune
 Are Computer, computer systems and
computer networks all the same???
• Computer (Sec 2(1)(i)):
– Any electronic magnetic, optical or other high-speed data
processing device or system,
– Performs logical, arithmetic, and memory functions (not
specified whether its ROM or Read/Write Memory) -
cornerstone of the Act
– By manipulations of electronic, magnetic or optical impulses
– It includes all input, output, processing, storage, computer
software, or communication facilities which are connected or
related to the computer in a computer system or computer
network.
Washing machine with a Fussy Logic System – Is it a Computer?
Web enabled appliances like refrigerators, Internet TV’s, tablet PC-
-- Are these computers?
 Cont..
• Computer System (Sec 2(1)(l)):
– Extension of the definition of computer
– A device or collection of device,
– Including input devices (keyboard, mouse, joysticks, scanners,
digital cameras, microphones)
– Output devices (monitor, printers, speakers etc)
– Capable of being used in conjunction with external files, which
contain computer programmes, electronic instructions, input
data and output data, that performs logic, arithmetic, data
storage and retrieval, communication control and other
functions.
– There has to be successful interface between computer and the
input and output devices
– Calculators are excluded
 Cont…
• Computer network (2(1)(j)):
– The interconnection of one or more computers
through
• (i) the use of satellite, microwave, terrestrial line or other
communication media; (eg: Internet, satellite phones,
mobile phones, net telephony, ATM machine, Broadband
etc)and
• (ii) terminals or a complex consisting of two or more
interconnected computers whether or not the
interconnection is continuously maintained (eg: LAN, WAN,
WAN, Wi-Fi, Cloud computing etc)
It identifies both physical and virtual networks
 Sec 2 of IT Act, 2000
• Sec 2(1)(a): Access
– gaining entry into,
– Instructing or communicating with the logical, arithmetical or memory
function resources of a computer, computer system or computer network
(important ingredient)
– Covers both physical and virtual access
• Sec 2(1)(b): Addressee
– Person who receives the e-record but not include intermediary
• Sec 2(1)(c): Adjudicating officer
– Adjudge any person who committed cyber crime
• Sec 2(1)(d): affixing e-signature
– Adoption of any methodology or procedure by a person for the purpose of
authenticating an e-record by means of digital signature
• Sec 2(1)(e): appropriate government
– State government for List II and List III of 7th schedule
– Central government for List I or List III of 7th schedule
 Cont…
• Sec 2(1)(f): asymmetric crypto system
– A system of a secure key pair consisting of private key for creating a e-
signature and a public key to verify e-signature
– Private key used to encrypt to create e-signature
– Public key to decrypt to verify e-signature
• Sec 2(1)(g): Certifying Authority
– A person who has been granted license to issue a e-signature certificate
– License granted by Controller of Certifying authority which are
• National Informatics Centre (NIC)
• Institute of Development and Research in Banking Technology (IDRBT)
• Tata Consultancy Services Ltd (TCS)
• Safecrypt Ltd
• Code Solutions e-Mudra
• Indian Airforce
• Sec 2(1)(h): Certification practice statement
– Statement issued by a certifying authority to specify the practices that the
Certifying Authority employs in issuing e-signature certificate
 Cont…
• Sec 2(1)(ha):Communication device
• Sec2(1)(k): "computer resource"
– means computer, computer system, computer network,
data,computer data base or software
• Sec 2(1)(n): "Cyber Appellate Tribunal"
• Sec2(1)(o): data
– means a representation of information, knowledge, facts,
concepts or instructions which are being prepared or have been
prepared in a formalised manner, and is intended to be
processed, is being processed or has been processed in a
computer system or computer network, and may be in any form
(including computer printouts magnetic or optical storage
media, punched cards, punched tapes) or stored internally in
the memory of the computer
 Cont…
• Sec 2(1)(p): digital signature
– means authentication of any electronic record by a subscriber by means of
an electronic method or procedure in accordance with the provisions of
section 3
• Sec 2(1)(v): information
– includes data, text, images, sound, voice, codes, computer programmes,
software and databases or micro film or computer generated micro fiche
• Sec 2(1)(w): intermediary
– any person who on behalf of another person receives, stores or transmits
that message or provides any service with respect to that message;
• Sec 2(1)(za): originator
– a person who sends, generates, stores or transmits any electronic message
or causes any electronic message to be sent, generated, stored or
transmitted to any other person but does not include an intermediary;
 Cont…
• Sec 2(1)(ze): secured system
– means computer hardware, software, and
procedure that—
• (a) are reasonably secure from unauthorised access and
misuse;
• (b) provide a reasonable level of reliability and correct
operation;
• (c) are reasonably suited to performing the intended
functions; and
• (d) adhere to generally accepted security procedures;