Which amendment to the Information Technology Act inserted sections 66A to 66F and gave statutory recognition to electronic signatures?
- A.The amendment of 2006
- B.The amendment of 2008
- C.The amendment of 2015
- D.The amendment of 2021
Correct answer
Explanation
The correct answer is B, the amendment of 2008. The Information Technology (Amendment) Act, 2008 came into force on 27 October 2009 and made the most important changes to the parent Act: it added section 3A on electronic signatures, inserted the computer-related offences of sections 66A to 66F and 67A to 67C, added section 43A on compensation for failure to protect personal data, and created sections 70A and 70B. Option A is wrong because no amendment of this kind was made in 2006. Option C is wrong because 2015 is the year of the Shreya Singhal judgment, which struck down a section rather than inserting any. Option D is wrong because 2021 is the year of the Intermediary Guidelines and Digital Media Ethics Code Rules, which are rules made under the Act, not an amendment to it.
Read the full article: IT Act and Cyber Laws in India: Sections and PYQs
Practice Questions
View allThe Information Technology Act of India came into force in which year?
- A.1998
- B.2000
- C.2005
- D.2008
Show answer
Explanation
The correct answer is B, 2000. The Information Technology Act was passed by Parliament in 2000, received assent on 9 June 2000 and came into force on 17 October 2000; it is therefore cited as the Information Technology Act, 2000. Option A is wrong because 1998 precedes the Act, though the UNCITRAL Model Law on Electronic Commerce on which it is modelled dates from 1996. Option C is wrong because 2005 is the year of the Right to Information Act, which is often confused with it in lists of early twenty-first century legislation. Option D is wrong because 2008 is the year of the Information Technology (Amendment) Act, which substantially rewrote the parent Act and came into force on 27 October 2009; that amendment year is the commonest distractor in this question.
Section 66A of the Information Technology Act was struck down by the Supreme Court in which case?
- A.Shreya Singhal v. Union of India
- B.K. S. Puttaswamy v. Union of India
- C.Kesavananda Bharati v. State of Kerala
- D.Vishaka v. State of Rajasthan
Show answer
Explanation
The correct answer is A, Shreya Singhal v. Union of India. In 2015 the Supreme Court struck down section 66A, which punished the sending of offensive messages, holding it vague and overbroad and therefore a violation of the freedom of speech and expression under Article 19(1)(a). Option B is wrong because the Puttaswamy case of 2017 declared the right to privacy a fundamental right under Article 21; it is related in subject but is a different judgment. Option C is wrong because Kesavananda Bharati, decided in 1973, laid down the basic structure doctrine. Option D is wrong because the Vishaka judgment of 1997 laid down guidelines against sexual harassment at the workplace, later replaced by legislation in 2013. Note that the same judgment upheld section 69A on the blocking of content and read down section 79, so it did not sweep away the whole chapter of offences.
Which section of the Information Technology Act, 2000 deals with the offence of cyber terrorism?
- A.Section 65
- B.Section 66E
- C.Section 66F
- D.Section 67B
Show answer
Explanation
The correct answer is C, section 66F. Section 66F, inserted by the amendment of 2008, defines cyber terrorism and is the most severely punished offence in the Act, carrying imprisonment which may extend to life. Option A is wrong because section 65 deals with tampering with computer source documents and carries up to three years or a fine up to two lakh rupees. Option B is wrong because section 66E punishes violation of privacy by capturing or publishing an image of a private area of a person without consent. Option D is wrong because section 67B punishes publishing or transmitting material depicting children in a sexually explicit act, the most severely punished of the obscenity provisions but not cyber terrorism. The order of sections 66A to 66F is worth memorising.
CERT-In, the national nodal agency for computer security incidents, functions under which section of the Information Technology Act?
- A.Section 43A
- B.Section 69A
- C.Section 70B
- D.Section 79
Show answer
Explanation
The correct answer is C, section 70B. Section 70B, inserted in 2008, appoints the Indian Computer Emergency Response Team as the national nodal agency for collecting, analysing and circulating information on cyber incidents and for issuing advisories; it works under the Ministry of Electronics and Information Technology and was set up in 2004. Option A is wrong because section 43A provides compensation where a body corporate fails to protect sensitive personal data. Option B is wrong because section 69A empowers the government to block public access to information, a power upheld in the Shreya Singhal judgment. Option D is wrong because section 79 gives intermediaries a safe harbour from liability for third party content provided they observe due diligence. The Controller of Certifying Authorities, which licenses the issuers of digital signature certificates, works under the same ministry but is created by section 17.
The Information Technology Act, 2000 is based on which international instrument?
- A.The Budapest Convention on Cybercrime
- B.The UNCITRAL Model Law on Electronic Commerce
- C.The General Data Protection Regulation
- D.The Berne Convention
Show answer
Explanation
The correct answer is B, the UNCITRAL Model Law on Electronic Commerce. The model law was adopted by the United Nations Commission on International Trade Law in 1996 and recommended to member states by the General Assembly, and India's Act follows its scheme for giving legal recognition to electronic records and signatures. Option A is wrong because the Budapest Convention on Cybercrime of 2001 is a Council of Europe treaty to which India is not a party. Option C is wrong because the General Data Protection Regulation is a European Union law of 2016 that came much later and concerns data protection, not electronic commerce. Option D is wrong because the Berne Convention of 1886 deals with copyright in literary and artistic works. The model law was adopted to let member states give electronic records the same standing as paper, and India's sections 4, 5 and 10A follow it almost directly.