The Information Technology Act, 2000 (which deals with most of the new concepts like E-commerce, E-governance, E-record, Digital Signature and Electronic Signature) in India, is inline with Model Law E-commerce, 1996. In addition, this act was amended by the Information Technology (Amendment) Act, 2008 to harmonize the Indian Law with the Model Law on Electronic signature (2001).

 On the other hand, for the correct implementation of the Information Technology Act, 2000, some of the ancient laws such as the Indian Penal Code, 1860, Indian Evidence Act, 1872, Reserve Bank of India, 1934, Banker’s Book Evidence Act, 1891, Negotiable Instrument Act, 1881 were amended, and the others were interpreted broadly. Let’s briefly see the need for the amendment of various conventional laws or wider interpretation of others.

1.  The Indian Evidence Act, 1872 Amendment:  Prior to amendment, there were only two evidences legally recognized under Indian Evidence Act, 1872 which were; oral evidence and Documentary evidence. Electronic record was not legally recognized and therefore, was not accepted as evidence. For this reason, the India Evidence Act, 1872 was amended to allow electronic record to be accessed as evidence.

2.  Amendment of the Indian Penal Code, 1860: As the law stands, offences against documents could be committed regardless of their physical nature. Electronic records, on the other hand, were not included in the scope of Indian Penal Code and therefore no crime against an electronic record existed. Nevertheless, after the amendment, as legal sanction was given to electronic records, new offences against electronic record were also included within the scope of Indian Penal Code.

3. Amendment to The Reserve Bank of India Act, 1934: The law didn’t recognize electronic money transfers between banks before the update. So, they amended the Reserve Bank of India Act, 1934 to make these transfers legal and easier to do.

4. Amendment of The Bankers Books Evidence Act, 1891: Under the conventional law B-books of accounts were not legally recognized, therefore, the Bankers’ Books Evidence Act, 1891 was amended so as to give legal sanctity for books of accounts maintained in the electronic form by the banks.