The Genesis of IT legislation in India: Mid 90’s saw an impetus in globalization and computerisation,with more and more nations computerizing their governance, and e-commerce seeing an enormousgrowth. Until then, most of international trade and transactions were done through documents beingtransmitted through post and by telex only. Evidences and records, until then, were predominantlypaper evidences and paper records or other forms of hard-copies only. With much of international tradebeing done through electronic communication and with email gaining momentum, an urgent andimminent need was felt for recognizing electronic records ie the data what is stored in a computer or anexternal storage attached thereto.The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law one-commerce in 1996. The General Assembly of United Nations passed a resolution in January 1997inter alia, recommending all States in the UN to give favourable considerations to the said Model Law,which provides for recognition to electronic records and according it the same treatment like a papercommunication and record.
Objectives of I.T. legislation in India: .
It is against this background the Government of Indiaenacted its Information Technology Act 2000 with the objectives as follows, stated in the preface to theAct itself.”to provide legal recognition for transactions carried out by means of electronic data interchange andother means of electronic communication, commonly referred to as “electronic commerce”, whichinvolve the use of alternatives to paper-based methods of communication and storage of information, tofacilitate electronic filing of documents with the Government agencies and further to amend the IndianPenal Code, the Indian Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891 and the ReserveBank of India Act, 1934 and for matters connected therewith or incidental thereto.”