Section 1 IT Act: Short title, extent, commencement and application

Information Technology Act, 2000

Section 1 IT Act at a Glance

Section 1 IT Act names the Information Technology Act, 2000, extends it to all of India, and applies it to offences or contraventions committed outside India unless the Act provides otherwise. It also governs commencement and excludes First Schedule documents and transactions.

Section 1 IT Act Bare Act Text

1. Short title, extent, commencement and application.

(1) This Act may be called the Information Technology Act, 2000.

(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention thereunder committed outside India by any person.

(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule:

Provided that the Central Government may, by notification in the Official Gazette, amend the First Schedule by way of addition or deletion of entries thereto.

(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.

Amendments to this section
  • 17th October, 2000, vide notification No. G.S.R. 788 (E), dated 17th October, 2000, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
  • Subs. by Act 10 of 2009, s. 3, for sub-section (4) (w.e.f. 27-10-2009).

Section 1 IT Act in Simple Words

Section 1 IT Act sets out the name of the Information Technology Act, 2000, where and to whom the Act applies, how its provisions come into force, and which documents and transactions are excluded from it. Under Section 1(1) IT Act, the law may be called the Information Technology Act, 2000.

Under Section 1(2) IT Act, the Act extends to the whole of India. Except as otherwise provided in the IT Act, the Act also applies to any offence or contravention, meaning a violation under the Act, committed outside India by any person. Section 75 IT Act sets the limit: the Act applies to an offence or contravention committed outside India only if the act or conduct involves a computer, computer system or computer network located in India.

Section 1(3) IT Act governs commencement, which is when the law takes effect. The Act comes into force on the date that the Central Government may appoint by notification, and the Central Government may appoint different dates for different provisions of the Act. If any such provision refers to the commencement of the Act, that reference must be read as a reference to the commencement of that specific provision. The Act came into force on 17 October 2000 by notification No. G.S.R. 788(E), dated 17 October 2000, published in the Gazette of India, Extraordinary.

Section 1(4) IT Act sets a limit on the Act's scope: nothing in the IT Act applies to documents or transactions specified in the First Schedule. Under the proviso to Section 1(4) IT Act, the Central Government may amend the First Schedule by notification in the Official Gazette, the government's official publication for legal notices, by adding entries to it or deleting entries from it. Under Section 1(5) IT Act, every notification issued under Section 1(4) IT Act must be laid before each House of Parliament. Section 1(4) IT Act was substituted by Act 10 of 2009 with effect from 27 October 2009.

When Section 1 IT Act Applies

  • Territorial application across the whole of India under Section 1(2) IT Act.
  • Application outside India to any offence or contravention under the IT Act committed by any person, except as otherwise provided in the Act, under Section 1(2) IT Act.
  • Commencement on the date or dates that the Central Government may appoint by notification, with different dates permitted for different provisions under Section 1(3) IT Act.
  • Exclusion of documents and transactions specified in the First Schedule, which the Central Government may amend by Official Gazette notification laid before each House of Parliament under Section 1(4) and Section 1(5) IT Act.

When Section 1 IT Act Does Not Apply

  • Documents or transactions specified in the First Schedule, as Section 1(4) IT Act states that nothing in the Act applies to them.
  • An offence or contravention under the IT Act committed outside India where another provision of the Act provides otherwise under Section 1(2) IT Act.

FAQs on Section 1 IT Act

What is Section 1 IT Act?▼

Section 1 IT Act is the opening provision of the Information Technology Act, 2000 that sets its short title, territorial extent, commencement rules, and scope of application. It extends the Act to the whole of India and, except as otherwise provided in the Act, to offences and contraventions committed outside India, while excluding documents and transactions in the First Schedule.

Does the IT Act apply to an offence or contravention committed outside India?▼

Yes. Under Section 1(2) IT Act, the Act applies to any offence or contravention under the Act committed outside India by any person, except as otherwise provided in the IT Act.

Does the IT Act apply to documents or transactions listed in the First Schedule?▼

No. Under Section 1(4) IT Act, nothing in the Information Technology Act, 2000 applies to the documents or transactions specified in the First Schedule.

Who can add or remove entries in the First Schedule under Section 1 IT Act?▼

The Central Government. Under the proviso to Section 1(4) IT Act, the Central Government may amend the First Schedule by notification in the Official Gazette to add or delete entries. Under Section 1(5) IT Act, every such notification must be laid before each House of Parliament.

Can different provisions of the IT Act come into force on different dates?▼

Yes. Under Section 1(3) IT Act, the Central Government may appoint different commencement dates by notification for different provisions of the Act, and any reference in such a provision to the commencement of the Act must be read as the commencement of that provision.

When did the IT Act come into force?▼

17 October 2000. The Central Government appointed that date under Section 1(3) IT Act by notification No. G.S.R. 788(E), dated 17 October 2000.

Which documents does the IT Act not apply to?▼

Those in the First Schedule, under Section 1(4) IT Act: a negotiable instrument other than a cheque (some promissory notes and bills of exchange involving entities regulated by the RBI, NHB, SEBI, IRDAI or PFRDA are also outside the exclusion), a power of attorney (except one that empowers such a regulated entity to act for the person executing it), a trust, and a will or any other testamentary disposition. A 2022 notification removed contracts for the sale or conveyance of immovable property from the list.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·