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IT Amendment Act, 2008 notified w.e.f. 27/10/2009
The Information Technology (Amendment) Bill, 2008 (Bill No.96-F of 2008) was passed by the both houses of parliament on December, 2008 and received the accent of the president on 5th February, 2009. However, the Amendment Act had not yet come into force and was only for information purpose. However, there was lots of confusion about the date of “Notification” of IT Amendment Act, 2008 as per the requirements of the Section 1 (2) of the same. Some even thought that the amendment act has come into force. In the absence of notifications of the amendment, the Information Technology Act, 2000 remained in force and still governed the legal rights and liabilities arising under the Act.
 
However, after the wait of almost more than 8 months, the Information Technology (Amendment) Act, 2008 (ITAA, 2008) has been notified with effect from 27/10/2009 and is now become operational. Many significant changes have been introduced in the ITAA, 2008, like; the amendment has made the Act as technology neutral by defining the concept of “Electronic Signatures”. The ITAA, 2008 has introduced 8 new cyber offences including the felonious act of identity theft, video voyeurism, cyber terrorism and child pornography. The act of theft of computer source code and hacking which were hitherto covered under Section 65 & 66 IT Act, 2000 has been inserted into Section 43 containing cyber contraventions. However, if the cyber contraventions mentioned under Section 43 ITAA, 2008 are done dishonestly or fraudulently as defined under the IPC, the same would be covered u/s 66 IT AA, 2008. The ITAA, 2008 has made the provision for compounding of the offences with the rider that second conviction or offences which affect the socio-economic conditions of the country or have been committed against a child below the age of 18 years or a woman are not compoundable. The power to investigate Cyber Crimes has been now vested in Inspectors in place of Dy.S.P in the ITAA, 2008. Most of the offences under ITAA, 2008 are "Cognizable" but "Bailable" and "Compoundable". Only offences, punishable with imprisonment of more than three years are non bailable.
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