Amendments to the Information Technology Act, 2000
Every change to the Act since it commenced in 2000, in the order it happened — who made it, when it took effect, and what it actually did to the text. Ordinary corrections and the one time Parliament and the Supreme Court disagreed for eight years are both here.
19 Sep 2002NotificationThe Information Technology (Removal of Difficulties) Order, 2002
Five small wording corrections across four sections, made in the two-year window Parliament gave itself under section 86 to fix drafting slips.
6 provisions affected
The Act commenced 17-10-2000. Within the two-year removal-of-difficulties window Parliament gave itself in section 86, the Central Government used this order to fix a handful of small drafting problems in the freshly enacted text rather than waiting for the next amending Bill.
Five small wording corrections across four sections: dropped a stray "then", replaced an internal cross-reference to "the key" language, removed words limiting who a digital-signature-affixing offence could be committed against, and fixed a clause-letter cross-reference in section 89 that pointed at the wrong lettered clause.
- Instrument
- Central Government order under section 86(1) (Removal of difficulties)
- Legal basis
- Section 86 of the Act itself: "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty", exercisable only within two years of commencement (17-10-2000 + 2 years = 17-10-2002). This order is dated 19-9-2002, inside that window.
- Issued by
- Central Government (Ministry of Communications and Information Technology)
Every provision this touched — 6 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 25 | substituted | Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002). |
| 40 | omitted | The word “then” omitted by notification No. S.O. 1015(E) (w.e.f. 19-9-2002). |
| 40 | substituted | Subs. ibid., for “the key” (w.e.f. 19-9-2002). |
| 42 | omitted | The words “to a person not authorised to affix the digital signature of the subscriber” omitted by notification No. S.O.1015(E) (w.e.f. 19-9-2002). |
| 63 | substituted | Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002). |
| 89 | substituted | Subs. by notification No. S.O. 1015(E), for “(m)” (w.e.f. 19-9-2002). |
26 Feb 2003Act 55 of 2002The Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002
Inserted section 81A, extending the Act to electronic and truncated cheques for the RBI’s Cheque Truncation System.
2 provisions affected
Enacted chiefly to give the Negotiable Instruments Act, 1881 the "truncated cheque" and "electronic cheque" concepts needed for the Reserve Bank of India's Cheque Truncation System, so that a scanned image of a cheque, rather than the paper instrument itself, could be exchanged in clearing. Because a cheque is itself a species of electronic record once truncated, Parliament used the same Act to make two small consequential changes to the IT Act, 2000.
Two changes to the IT Act, only one of which is still visible in the Act's printed text today: (1) section 12 of this Act substituted IT Act section 1(4)(a) so that "a negotiable instrument (other than a cheque)" -- rather than all negotiable instruments -- was excluded from the IT Act's reach, i.e. it carved cheques back INTO the IT Act's coverage so they could be handled electronically; that specific wording was entirely superseded six years later when the Information Technology (Amendment) Act, 2008 substituted the whole of section 1(4) afresh, so no trace of the 2002 wording survives in the Act as it reads today. (2) section 13 of this Act inserted an all-new section 81A into the IT Act, which remains in force verbatim: it extends the IT Act to electronic cheques and truncated cheques, subject to modifications the Central Government may notify in consultation with RBI, any such notification to be laid before Parliament for 30 days.
- Assent
- 17 December 2002
- Ministry
- Ministry of Finance (Department of Economic Affairs) -- probable but not fully confirmed, see ministryNote — Two independent research passes disagree on confidence here. One found that the Negotiable Instruments Act, 1881 is administered by the Department of Economic Affairs, and that the predecessor Bill (Negotiable Instruments (Amendment) Bill, 2001) was referred to the Standing Committee on Finance (reported November 2001) -- the departmentally-related committee for Finance Ministry bills, which is meaningful circumstantial evidence. A second, independent pass could not find a primary source (Lok Sabha bulletin, PRS, gazette) directly naming the piloting ministry, and separately found the Bill traced to an RBI-convened working group -- also circumstantial, also pointing toward Finance/RBI rather than away from it, but likewise not a direct confirmation. Net: probably correct, not certain.
- Effective from
- The Act as a whole was brought into force in stages by separate notifications for different provisions; the IT Act insertion (its own section 13) took effect 26-2-2003.
Every provision this touched — 2 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 81A | inserted | Ins. by Act 55 of 2002, s. 13 (w.e.f. 26-2-2003). |
| 1(4)(a) | substituted, later superseded | Substituted by this Act’s own section 12: "(a) a negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881 (26 of 1881);" -- since overwritten in full by Act 10 of 2009, s. 3, and so absent from the IT Act's current text and from its footnote apparatus. |
27 Oct 2009Act 10 of 2009The Information Technology (Amendment) Act, 2008
The near-total recodification — technology-neutral “electronic signature,” section 43A, the 66A–72A cybercrime suite, CERT-In, intermediary safe harbour.
88 provisions affected
The most consequential amendment to the Act: a near-total recodification driven by two pressures that had built up since 2000 -- the original Act tied electronic authentication to one specific technology ("digital signature", i.e. asymmetric cryptography), which the industry wanted made technology-neutral, and the rise of cybercrime (data theft, phishing, cyberterrorism, obscenity, identity theft) for which the original Act had no offence provisions. Passed with minimal floor debate weeks after the Mumbai attacks, it is frequently criticised in retrospect for both the haste of its passage and for introducing section 66A, later struck down as unconstitutional (see the judicial-shreya-singhal-2015 entry below). A commonly repeated claim that it was one of eight bills passed by the Lok Sabha in that single sitting could not be independently confirmed from a primary source and should be treated as unverified.
Touched roughly 70 sections and both Schedules. Renamed "digital signature" to the technology-neutral "electronic signature" throughout and inserted section 3A to allow other authentication techniques; added corporate data-protection duties (new section 43A, compensation for a body corporate’s negligent handling of sensitive personal data); replaced the old sections 66 and 67 with a full suite of cybercrime offences (identity theft, cheating by personation, violation of privacy, cyberterrorism, publishing sexually explicit material, child pornography -- sections 66A through 67C, 72A); rewrote the government’s interception/blocking/monitoring powers (substituted section 69, inserted new sections 69A and 69B); inserted intermediary safe-harbour rules (substituted section 79) and CERT-In’s statutory basis (inserted sections 70A, 70B); made most offences compoundable and bailable (new section 77A, 77B) and gave the police power to investigate without a warrant (substituted section 78); repealed sections 91-94, the now-spent provisions that had made one-off consequential amendments to the Indian Penal Code, the Indian Evidence Act, the Bankers’ Books Evidence Act and the RBI Act back in 2000, along with the Third and Fourth Schedules that had carried the text of two of those amendments; and substituted both remaining Schedules outright.
- Bill history
- Introduced in the Lok Sabha as Bill No. 96 of 2006 on 15 December 2006; referred the same week (19 December 2006) to the Department-related Parliamentary Standing Committee on Information Technology, which gave its 50th Report around September 2007. The Bill was then passed by the Lok Sabha on 22 December 2008 (after roughly 21 minutes of debate) and by the Rajya Sabha the next day, 23 December 2008, without debate, on the last day of the winter session -- weeks after the 26 November 2008 Mumbai terror attacks.
- Assent
- 5 February 2009
- Commencement notice
- S.O. 2689(E), dated 27 October 2009, Gazette of India, Extraordinary, Part II, section 3(ii).
- Ministry
- Ministry of Communications and Information Technology, Department of Information Technology (renamed Ministry of Electronics and Information Technology in 2016)
Every provision this touched — 88 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 1 | substituted | Subs. by Act 10 of 2009, s. 3, for sub-section (4) (w.e.f. 27-10-2009). |
| 2 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 2 | inserted | Ins. by 10 of 2009, s. 4 (w.e.f. 27-10-2009). |
| 2 | substituted | Subs. by s. 4, ibid., for clause (j) (w.e.f. 27-10-2009). |
| 2 | inserted | Ins. by Act 10 of 2009, s. 4 (w.e.f. 27-10-2009). |
| 2 | substituted | Subs. by s. 4, ibid., for “data, text” (w.e.f. 27-10-2009). |
| 2 | substituted | Subs. by s. 4, ibid., for clause (w) (w.e.f. 27-10-2009). |
| 2 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 3A | inserted | Ins. by s. 6, ibid. (w.e.f. 27-10-2009). |
| 5 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signatures” (w.e.f. 27-10-2009). |
| 6 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signatures” (w.e.f. 27-10-2009). |
| 6A | inserted | Ins. by Act 10 of 2009, s. 7 (w.e.f. 27-10-2009). |
| 7A | inserted | Ins. by s. 8, ibid. (w.e.f. 27-10-2009). |
| 10 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 10A | inserted | Ins. by s. 9, ibid. (w.e.f. 27-10-2009). |
| 12 | substituted | Subs. by s. 10, ibid., for “agreed with the addressee” (w.e.f. 27-10-2009). |
| 15 | substituted | Subs. by s 11, ibid., for sections 15 and 16 (w.e.f. 27-10-2009). |
| 16 | substituted | Subs. by s 11, ibid., for sections 15 and 16 (w.e.f. 27-10-2009). |
| 17 | substituted | Subs. by s.12, ibid., for “and Assistant Controllers” (w.e.f. 27-10-2009). |
| 17 | substituted | Subs. by Act 10 of 2009, s. 12, for “Assistant Controllers” (w.e.f. 27-10-2009). |
| 18 | substituted | Subs. by s. 2, ibid., for “digital signature” (w.e.f. 27-10-2009). |
| 19 | substituted | Subs. by s. 2, ibid., for “digital signature” (w.e.f. 27-10-2009). |
| 20 | omitted | 20. [Controller to act as repository.] Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 13 (w.e.f. 27-10-2009). |
| 21 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 25 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 29 | substituted | Subs. by s. 14, ibid., for “any contravention of the provisions of this Act, rules and regulations made thereunder” (w.e.f. 27-10-2009). |
| 30 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 30 | omitted | The word “and” omitted by s. 15, ibid. (w.e.f. 27-10-2009). |
| 30 | inserted | Ins. by s. 15, ibid. (w.e.f. 27-10-2009). |
| 34 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 34 | omitted | Certain words omitted by s. 16, ibid. (w.e.f. 27-10-2009). |
| 35 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 35 | omitted | The first proviso omitted by s. 17, ibid. (w.e.f. 27-10-2009). |
| 35 | substituted | Subs. by s. 17, ibid., for “Provided further” (w.e.f. 27-10-2009). |
| 36 | inserted | Ins. by Act 10 of 2009, s. 18 (w.e.f. 27-10-2009). |
| 40A | inserted | Ins. by Act 10 of 2009, s. 19 (w.e.f. 27-10-2009). |
| 43 | substituted | Subs. by s. 21, ibid., for “Penalty” (w.e.f. 27-10-2009). |
| 43 | inserted | Ins. by s. 21, ibid. (w.e.f. 27-10-2009). |
| 43 | inserted | Ins. by Act 10 of 2009, s. 21 (w.e.f. 27-10-2009). |
| 43 | substituted | Subs. by s. 21, ibid., for certain words (w.e.f. 27-10-2009). |
| 43A | inserted | Ins. by s. 22, ibid. (w.e.f. 27-10-2009). |
| 46 | substituted | Subs. by Act 10 of 2009, s. 23, for “direction or order made thereunder” (w.e.f. 27-10-2009). |
| 46 | inserted | Ins. by s. 23, ibid. (w.e.f. 27-10-2009). |
| 46 | inserted | Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009). |
| 55 | substituted | Subs. by Act 10 of 2009, s. 29, ibid., for “Presiding Officer” (w.e.f. 27-10-2009). |
| 64 | substituted | Subs. by Act 10 of 2009, s. 31, for marginal heading (w.e.f. 27-10-2009). |
| 64 | substituted | Subs. by s. 31, ibid., for “penalty imposed” (w.e.f. 27-10-2009). |
| 64 | substituted | Subs. by s. 2, ibid., for “digital signature” (w.e.f. 27-10-2009). |
| 66 | substituted | Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009). |
| 68 | substituted | Subs. by Act 10 of 2009, s. 33, for sub-section (2) (w.e.f. 27-10-2009). |
| 69 | substituted | Subs. by s. 34, ibid., for section 69 (w.e.f. 27-10-2009). |
| 70 | substituted | Subs. by Act 10 of 2009, s. 35, for sub-section (1) (w.e.f. 27-10-2009). |
| 70 | inserted | Ins. by s. 35, ibid. (w.e.f. 27-10-2009). |
| 70A | inserted | Ins. by s. 36, ibid. (w.e.f. 27-10-2009). |
| 71 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 72A | inserted | Ins. by Act 10 of 2009, s. 37, (w.e.f. 27-10-2009). |
| 73 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 74 | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| 77 | substituted | Subs. by s. 38, ibid., for section 77 (w.e.f. 27-10-2009). |
| 78 | substituted | Subs. by Act 10 of 2009, s. 39, for “Deputy Superintendent of Police” (w.e.f. 27-10-2009). |
| 79 | substituted | Subs. by, s. 40, ibid., for Chapter XII (w.e.f. 27-10-2009). |
| 79A | substituted | Subs. by, s. 40, ibid., for Chapter XII (w.e.f. 27-10-2009). |
| 80 | substituted | Subs. by Act 10 of 2009, s. 41, for “Deputy Superintendent of Police” (w.e.f. 27-10-2009). |
| 81 | inserted | Ins. by s. 42, ibid. (w.e.f. 27-10-2009). |
| 84A | inserted | Ins. by 10 of 2009, s. 45 (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by Act 10 of 2009, s. 46, for clause (a) (w.e.f. 27-10-2009). |
| 87 | inserted | Ins. by s. 46, ibid. (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by s. 2, ibid., for “digital signature” (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by s. 46, ibid., for “and Assistant Controllers” (w.e.f. 27-10-2009). |
| 87 | omitted | Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). |
| 87 | substituted | Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). |
| 87 | omitted | The words “the notification or” omitted by s. 46, ibid. (w.e.f. 27-10-2009). |
| 90 | omitted | Clause (c) omitted by Act 10 of 2009, s. 47 (w.e.f. 27-10-2009). |
| 91 | omitted | 91. [Amendment of Act 45 of 1860.]—Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 48 (w.e.f. 27-10-2009). |
| 92 | omitted | 92. [Amendment of Act 1 of 1872.]—Omitted by s. 48, ibid. (w.e.f. 27-10-2009). |
| 93 | omitted | 93. [Amendment of Act 18 of 1891.]—Omitted by s. 48, ibid. (w.e.f. 27-10-2009). |
| 94 | omitted | 94. [Amendment of Act 2 of 1934.]—Omitted by s. 48, ibid. (w.e.f. 27-10-2009). |
| First | substituted | Subs. by Act 10 of 2009, s. 49, for the First Schedule and the Second Schedule (w.e.f. 27-10-2009). |
| Fourth Schedule | omitted | [THE FOURTH SCHEDULE.] Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 50 (w.e.f. 27-10-2009). |
| II | substituted | Subs. by s. 5, ibid., for the heading “DIGITAL SIGNATURE” (w.e.f. 27-10-2009). |
| IX | substituted | Subs. by Act 10 of 2009, s. 20, for “PENALTIES AND ADJUDICATION” (w.e.f. 27-10-2009). |
| Second | substituted | Subs. by Act 10 of 2009, s. 49, (w.e.f. 27-10-2009). |
| Third Schedule | omitted | [THE THIRD SCHEDULE.] Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 50 (w.e.f. 27-10-2009). |
| V | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signatures” (w.e.f. 27-10-2009). |
| VII | substituted | Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). |
| XII | substituted | Subs. by, s. 40, ibid., for Chapter XII (w.e.f. 27-10-2009). |
28 Jan 2015NotificationG.S.R. 61(E) — Aadhaar e-KYC electronic-signature technique
Added Aadhaar e-KYC as a recognised way to authenticate a Digital Signature Certificate applicant.
1 provision affected
Added Aadhaar-based e-KYC as a recognised way to authenticate an electronic record, so a Digital Signature Certificate could be issued after verifying the applicant’s identity through Aadhaar rather than only through the original paper/physical verification route.
Inserted a first entry (Sl. No. 1) into the Second Schedule: "e-authentication technique using Aadhaar e-KYC services", together with the procedure a Certifying Authority must follow -- e-authentication, hashing and an asymmetric crypto system, an optional "trusted third party" model for generating and holding the subscriber’s key pair, and Aadhaar e-KYC-verified particulars in the certificate application.
- Instrument
- Central Government notification under section 3A(1) (electronic signature or authentication technique)
- Issued by
- Central Government (Ministry of Electronics and Information Technology)
Every provision this touched — 1 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| Second Schedule, Sl. No. 1 | inserted | Ins. by G.S.R. 61(E), dated 27-1-2015 (w.e.f. 28-1-2015). |
24 Mar 2015Supreme CourtShreya Singhal v. Union of India
Section 66A struck down as unconstitutional; section 69A upheld as valid; section 79(3)(b) read down.
AIR 2015 SC 1523; (2015) 5 SCC 1
Petitions were filed after section 66A -- which criminalised sending, by computer or communication device, any information that was "grossly offensive", had "menacing character", or was known to be false but sent to cause annoyance/inconvenience/danger/insult/injury/enmity/hatred/ill-will -- was repeatedly used against ordinary social-media posts, most visibly the 2012 arrest of two young women in Palghar, Maharashtra for a Facebook post about a shutdown following a political leader’s death.
Holding. The Court struck down section 66A in its entirety as unconstitutional, holding its language too vague and overbroad to fall within the reasonable restrictions on free speech permitted by Article 19(2) of the Constitution -- it could criminalise speech having no proximate connection to public disorder. Section 69A (blocking of information) was, by contrast, upheld as constitutionally VALID -- not struck down, not read down -- since it comes with defined grounds and a documented procedure. Only section 79(3)(b) specifically (the intermediary safe-harbour provision’s notice-and-takedown clause, not section 79 as a whole) was read down, along with the parallel Rule 3(4) of the Intermediary Guidelines: an intermediary’s obligation to remove content on a private party’s notice only arises once a court or government order under the proper procedure is in place, not on receiving a bare complaint.
Effect. Section 66A became void and unenforceable from 24-3-2015, but Parliament did not touch the printed text of the Act at that time -- it was widely reported afterwards that police continued to file cases citing 66A for years, since the section still physically appeared in the statute book. The provision was only formally removed from the Act’s text eight years later, by the Jan Vishwas (Amendment of Provisions) Act, 2023 (see that entry below).
- Court
- Supreme Court of India
- Bench
- Justices J. Chelameswar and Rohinton Fali Nariman
- Citation
- AIR 2015 SC 1523; (2015) 5 SCC 1
Every provision this touched — 1 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 66A | struck down as unconstitutional (void), text formally omitted only in 2023 | Section 66A has been struck down by supreme Court's Order dated 24-3-2015 in the Shreya Singhal Vs. Union of India, AIR 2015 SC. 1523. |
6 Jul 2015NotificationG.S.R. 539(E) — hardware-security-module requirement dropped
Loosened the hardware requirement for storing a subscriber’s key pair.
1 provision affected
Loosened the six-month-old Aadhaar e-KYC authentication procedure by removing a hardware requirement, presumably to widen the range of systems on which key generation/storage could be certified.
Omitted the words "on hardware security module" from the Second Schedule Sl. No. 1 procedure (the clause about storing the subscriber’s key pair), so key-pair storage was no longer required to specifically be on a hardware security module.
- Instrument
- Central Government notification under section 3A(1)
- Issued by
- Central Government (Ministry of Electronics and Information Technology)
Every provision this touched — 1 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| Second Schedule, Sl. No. 1 | omitted | The words “on hardware security module” omitted by G.S.R. 539(E), dt. 30-6-2015 (w.e.f. 6-7-2015). |
27 Apr 2016NotificationG.S.R. 446(E) — tied to the Digital Signature (End Entity) Rules, 2015
Tied Aadhaar e-KYC authentication to the newly notified Digital Signature (End Entity) Rules, 2015.
1 provision affected
Tied the Aadhaar e-KYC authentication procedure to the Digital Signature (End Entity) Rules, 2015, which had been notified after the 2015 Schedule entries and needed to be referenced from them.
Substituted clause (g) of the Second Schedule Sl. No. 1 procedure so that the manner of authenticating information by digital signature must comply with rules 3 to 12 of the Digital Signature (End Entity) Rules, 2015.
- Instrument
- Central Government notification under section 3A(1)
- Issued by
- Central Government (Ministry of Electronics and Information Technology)
Every provision this touched — 1 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| Second Schedule, Sl. No. 1 | substituted | Subs. by G.S.R. 446(E), for “(g)” dated 27-4-2016 (w.e.f. 27-4-2016).” |
26 May 2017Act 7 of 2017The Finance Act, 2017
Dissolved the Cyber Appellate Tribunal and merged its jurisdiction into TDSAT.
30 provisions affected
Part XIV of the Finance Act, 2017 rationalised roughly eight sector-specific tribunals across different Acts into fewer, merged bodies, as a cost-and-consistency reform of India’s tribunal system. The IT Act’s own Cyber Appellate Tribunal -- which had gone without a sitting Chairperson for years and had a large backlog -- was one of the tribunals dissolved and merged into the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which now hears appeals under the IT Act as well as telecom, broadcasting and airport-tariff matters. This same Part of the Finance Act, 2017 was directly challenged in Rojer Mathew v. Union of India (2019): the Supreme Court struck down the accompanying s. 184 rules on tribunal members’ qualifications and service conditions as excessive delegation and a threat to judicial independence, and referred the deeper question of whether tribunal reorganisation could validly be pushed through as a Money Bill to a larger bench (still pending as of this file’s compilation). The tribunal mergers themselves, including the folding of the Cyber Appellate Tribunal into TDSAT, were not undone -- only the rules governing members’ service conditions were, and those have since been replaced more than once (2020 Rules, then the Tribunal (Conditions of Service) Rules, 2021 under the Tribunals Reforms Act, 2021, which was itself partly struck down in November 2025).
Dissolved the standalone Cyber Appellate Tribunal: omitted the ten sections (49 through 56, including 52A-52C) that had set out its composition, member qualifications, tenure, salary, superintendence powers, bench distribution, case-transfer power, filling of vacancies, resignation/removal and staff; renamed Chapter X from "THE CYBER APPELLATE TRIBUNAL" to "THE APPELLATE TRIBUNAL"; replaced the section 2 definition of "Cyber Appellate Tribunal" with one for "Appellate Tribunal"; and, throughout the Act (sections 55, 58, 62, 82, 84, 87), substituted every remaining reference to "Cyber Appellate Tribunal" and "Presiding Officer" with the generic "Appellate Tribunal" language now pointing at TDSAT.
- Section cited
- section 169 (and the Eighth Schedule to that Act)
- Assent
- 31 March 2017
- Commencement notice
- S.O. 1696(E), fixing 26 May 2017 as the commencement date for Part XIV, Chapter VI (the tribunal-merger provisions, including s.169) under s.156 of the Finance Act, 2017.
- Ministry
- Ministry of Finance
Every provision this touched — 30 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 2 | inserted | Ins. by 7 of 2017, s. 169 (w.e.f. 26-5-2017). |
| 2 | omitted | Clause (n) omitted by 7 of 2017, s.169 (w.e.f. 26-5-2017) |
| 46 | substituted | Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017) |
| 48 | substituted | Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017) |
| 48 | substituted | Subs. by s. 169, ibid., for sub-section (1) (w.e.f. 26-5-2017). |
| 48 | substituted | Subs. by s, 169, ibid., for “shall also specify, in the notification referred to in sub-section (1)” (w.e.f. 26-5-2017). |
| 49 | omitted | 49. [Composition of Cyber Appellate Tribunal.]—Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017). |
| 50 | omitted | 50. [Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 51 | omitted | 51. [Term of office, conditions of service, etc., of Chairperson and Members.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 52 | omitted | 52. [Salary, allowances and other terms and conditions of service of Chairperson and Members.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 52A | omitted | 52A. [Powers of superintendence, direction, etc.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 52B | omitted | 52B. [Distribution of business among Benches.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 52C | omitted | 52C. [Power of Chairperson to transfer cases.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 52D | substituted | Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017) |
| 53 | omitted | 53. [Filling up of vacancies.]—Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017). |
| 54 | omitted | 54. [Resignation and removal.]—Omitted by s. 169, ibid. (w.e.f. 26-5-2017). |
| 55 | substituted | Subs. by 7 of 2017, s, 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 56 | omitted | 56. [Staff of the Cyber Appellate Tribunal.]—Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017). |
| 57 | substituted | Subs. by 7 of 2017, s, 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 58 | substituted | Subs. by 7 of 2017, s, 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 58 | substituted | Subs. by 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 59 | substituted | Subs. by 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 60 | substituted | Subs. by 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 61 | substituted | Subs. by 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 62 | substituted | Subs. by 7 of 2017, s. 169, for “Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 82 | substituted | Subs. by 7 of 2017, s. 169, for section 82 (w.e.f. 26-5-2017). |
| 84 | substituted | Subs. by Act 7 of 2017, s. 169, for “the Chairperson Members, adjudicating officers and the staff of the Cyber Appellate Tribunal” (w.e.f. 26-5-2017). |
| 87 | omitted | Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). |
| 87 | substituted | Subs. by Act 7 of 2017, s. 169, for “Cyber Appellate Tribunal”(w.e.f. 26-5-2017). |
| X | substituted | Subs. by Act 7 of 2017, s. 169, for Chapter heading (w.e.f. 26-5-2017). |
1 Mar 2019NotificationS.O. 1119(E) — widened to “Aadhaar or other” e-KYC services
Widened the Aadhaar e-KYC signature technique to “Aadhaar or other” e-KYC services.
3 provisions affected
Further refinement of the Aadhaar e-KYC electronic-signature procedure inserted in 2015, generalising it beyond Aadhaar specifically so other, functionally equivalent e-KYC services could also be used.
Three narrow word-insertions into the existing Second Schedule Sl. No. 1 entry, all broadening "Aadhaar" to "Aadhaar or other e-KYC": in the entry’s title/column (2), after "Aadhaar" insert "or other" (so it reads "e-authentication technique using Aadhaar or other e-KYC services"); in procedure item (c), after "Aadhaar" insert "or other"; in procedure item (e), after "subscriber’s key pair" insert "and other e-KYC services".
- Instrument
- Central Government notification under section 3A(1)
- Gazette
- Gazette of India No. 985, Part II, Section 3(ii); notification dated 1-3-2019, published 5-3-2019; signed by Pankaj Kumar, Additional Secretary (F. No. 12(10)/2018-CCA).
- Issued by
- Central Government (Ministry of Electronics and Information Technology, Controller of Certifying Authorities)
Every provision this touched — 3 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| Second Schedule, Sl. No. 1 | inserted | Ins. by S.O. 1119(E), dated 1-3-2019. |
| Second Schedule, Sl. No. 1 | inserted | Ins. by S.O. 1119(E), dated 1-3-2019. |
| Second Schedule, Sl. No. 1 | inserted | Ins. by S.O. 1119(E), dated 1-3-2019. |
29 Sep 2020NotificationS.O. 3472(E) — trusted-third-party signature technique
Added a second electronic-signature route: a trusted-third-party technique for creating and accessing a subscriber’s signature key.
1 provision affected
Recognised a second, independent electronic-signature route alongside the Aadhaar e-KYC technique added in 2015: a trusted-third-party model for generating and accessing a subscriber’s own signature key, without that key generation being tied to a Certifying Authority’s Aadhaar e-KYC process.
Inserted a wholly new Sl. No. 2 entry into the Second Schedule: "e-authentication technique and procedure for creating and accessing subscriber’s signature key facilitated by trusted third party", with a nine-clause (a)-(i) procedure covering identity verification, the trusted third party’s duties, key/signature storage requirements, and compliance with Rule 6 of the Certifying Authorities Rules and the Digital Signature (End Entity) Rules, 2015.
- Instrument
- Central Government notification under section 3A(1)
- Gazette
- Gazette of India No. 3091; notification dated 29-9-2020, published 6-10-2020; signed by Dr Rajendra Kumar, Additional Secretary (F. No. 12(8)/2020-CCA).
- Issued by
- Central Government (Ministry of Electronics and Information Technology, Controller of Certifying Authorities)
Every provision this touched — 1 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| Second Schedule, Sl. No. 2 | inserted | Ins. by S.O. 3472(E), dated 29-9-2020. |
26 Sep 2022NotificationS.O. 4720(E) — First Schedule: cheques, powers of attorney, real estate
Freed regulated-entity cheques and powers-of-attorney for electronic use, and dropped real-estate sale contracts from the exclusion list.
3 provisions affected
Narrowed the First Schedule’s list of documents/transactions the IT Act does NOT apply to -- i.e. widened what can lawfully be done electronically -- for two categories of paper-only instruments, and removed real-estate sale/conveyance contracts from the exclusion list altogether.
Three changes to the First Schedule: substituted Sl. No. 1 (the negotiable-instrument exclusion) in full, so it no longer excludes a demand promissory note or bill of exchange issued in favour of, or endorsed by, an entity regulated by RBI, NHB, SEBI, IRDAI or PFRDA -- those can now be handled electronically; amended the existing Sl. No. 2 (power-of-attorney exclusion, which already existed) by inserting an equivalent regulated-entity carve-out clause after its existing wording, rather than creating Sl. No. 2 from nothing; and omitted Sl. No. 5 outright, which had excluded "any contract for the sale or conveyance of immovable property or any interest in such property" -- such contracts can now be executed electronically under the Act.
- Instrument
- Central Government notification under section 1(4) proviso
- Gazette
- Gazette of India No. 4510, published 4-10-2022; signed by Dr Rajendra Kumar, Additional Secretary (F. No. 1(3)/2022-CL).
- Issued by
- Central Government (Ministry of Electronics and Information Technology)
Every provision this touched — 3 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| First Schedule, Sl. No. 1 | substituted | Subs. by notification No S.O. 4720(E), for serial number 1 and the entries relating thereto, Dated 26-9-2022. |
| First Schedule, Sl. No. 2 | inserted | Ins. by S.O. 4720(E), Dated 26-9-2022. |
| First Schedule, Sl. No. 5 | omitted | Serial number 5 and the entries relating thereto Omitted by S.O. 4720(E), Dated 26-9-2022. |
30 Nov 2023Act 18 of 2023The Jan Vishwas (Amendment of Provisions) Act, 2023
Decriminalised nine penalty provisions into pure fines, and finally omitted section 66A’s text — eight years after it was struck down.
16 provisions affected
An "ease of doing business / ease of living" decriminalisation exercise: a single Act whose Schedule amended 42 other central Acts administered by 19 different ministries/departments, converting roughly 183 provisions from criminal offences (or high fines) to civil penalties, lower fines, or administrative determinations, on the theory that minor/technical lapses should not carry the threat of imprisonment or a criminal record.
Its Schedule (Sl. No. 32, for "2000, 21, The Information Technology Act, 2000") decriminalised most of the penalty provisions it touched, replacing imprisonment-or-fine offences with a pure monetary "penalty" that a Central-Government adjudicating officer imposes under section 46, rather than a fine a criminal court imposes alongside possible imprisonment -- true of sections 33(2), 67C(2), 68(2), 72 and 72A. Section 70B(7) is the one exception in this Act: only its fine was raised (Rs 1 lakh to Rs 1 crore), while its "imprisonment up to 1 year, or fine, or both" structure was left untouched. Section 46(1) itself was widened in the same Schedule entry, from adjudicating contraventions "under this Chapter" to contraventions "under this Act", so the adjudicating officer has jurisdiction to impose all of these new penalties. This Act is also the one that finally omitted section 66A’s text outright, eight years after the Supreme Court had already held it void in Shreya Singhal.
- Bill history
- Passed by the Lok Sabha on 27 June 2023 and by the Rajya Sabha on 2 August 2023.
- Assent
- 11 August 2023
- Commencement notice
- S.O. 4745(E), dated 31 October 2023: "the Central Government hereby appoints the 30th day of November, 2023 as the date on which the provisions of the said Act, insofar as it relates to serial number 32... relating to the Information Technology Act, 2000... shall come into force."
- Ministry
- Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry (nodal ministry for the Bill as a whole -- the Bill was introduced by Minister Piyush Goyal; individual Schedule items, including the IT Act ones, were drafted with the administering ministry of each Act)
Before & after, word for word
§ 33(2)
§ 44(a)
§ 44(b)
§ 44(c)
§ 45
§ 46(1)
§ 46(1A)
§ 66A
§ 67C(2)
§ 68(2)
§ 69B(4)
§ 70B(7)
§ 72
§ 72A
Every provision this touched — 16 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 33 | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023). |
| 44 | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule, for “one lakh and fifty thousand” (w.e.f. 30-11-2023). |
| 44 | substituted | Subs. by ibid., s. 2 and Schedule, for “five thousand” (w.e.f. 30-11-2023). |
| 44 | substituted | Sub. by ibid., s. 2 and Schedule, for “ten thousand” (w.e.f. 30-11-2023). |
| 45 | substituted | Subs. by ibid., s. 2 and Schedule, for “rules or regulations” (w.e.f. 30-11-2023). |
| 45 | substituted | Subs. by ibid., s. 2 and Schedule, for certain words (w.e.f. 30-11-2023). |
| 46 | substituted | Subs. by ibid., s. 2 and Schedule, for “under this Chapter” (w.e.f. 30-11-2023). |
| 46 | omitted | Words omitted “injury or” omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 30-11-2023). |
| 66A | omitted | 66A. [Punishment for sending offensive messages through communication service, etc.]–Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 30-11-2023). |
| 67C | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023). |
| 68 | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023). |
| 69B | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule for “three years and shall also be liable to fine” (w.e.f. 30-11-2023). |
| 70B | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule, for “one lakh” (w.e.f. 30-11-2023). |
| 72 | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule, for certain world (w.e.f. 30-11-2023). |
| 72A | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule, for “Punishment” (w.e.f. 30-11-2023). |
| 72A | substituted | Subs. by Act 18 of 2023, s. 2 and Schedule, for certain word (w.e.f. 30-11-2023). |
13 May 2027 · not yet in forcePendingThe Digital Personal Data Protection Act, 2023
Will omit section 43A entirely once notified, handing data-protection enforcement to the new DPDP Board.
3 provisions affected
The DPDP Act, 2023 will supersede the IT Act’s own data-protection regime -- which currently rests on section 43A (compensation for a body corporate’s negligent handling of sensitive personal data) and the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made under it -- with a purpose-built data-protection law and its own Data Protection Board. Section 44(2) is the DPDP Act’s own repeal-and-amend clause for that transition.
Once notified, section 44(2) will: (a) omit section 43A from the IT Act entirely; (b) insert, in the proviso to section 81 (Act to have overriding effect), a reference to the Digital Personal Data Protection Act, 2023 alongside the existing Copyright Act and Patents Act carve-outs; and (c) omit clause (ob) of section 87(2) (the Central Government’s rule-making power for section 43A’s reasonable-security-practices rules, which becomes redundant once 43A itself is gone).
- Section cited
- section 44(2)
- Assent
- 11 August 2023
- Ministry
- Ministry of Electronics and Information Technology
- Effective from
- Not yet in force as of this file’s compilation date (2026-08-15). Confirmed against a single MeitY commencement notification, G.S.R. 843(E), dated 13-11-2025, which sets three tiers: (1) 13-11-2025, immediate -- ss. 1(2), 2, 18-26, 35, 38-43, 44(1)&(3); (2) 13-11-2026 -- s. 6(9), s. 27(1)(d); (3) 13-5-2027 -- ss. 3-17, 6(1)-(8)&(10), 27 (except (1)(d)), 28-34, 36, 37, and 44(2) -- the clause carrying the IT Act consequential amendments. Section 44(2) is therefore confirmed still not in force as of this file’s compilation date, and not due until 13-5-2027.
Every provision this touched — 3 in all
| Provision | Change | Citation, as the Act prints it |
|---|---|---|
| 43A | to be omitted | Shall be omitted -- DPDP Act, 2023 (22 of 2023), s. 44(2)(a), effective 13-5-2027. |
| 81 | to be amended | Proviso to be amended to add a reference to the Digital Personal Data Protection Act, 2023 -- DPDP Act, 2023 (22 of 2023), s. 44(2)(b), effective 13-5-2027. |
| 87(2)(ob) | to be omitted | Clause (ob) to be omitted -- DPDP Act, 2023 (22 of 2023), s. 44(2)(c), effective 13-5-2027. |