Section 29 IT Act: Access to computers and data
Information Technology Act, 2000
Section 29 IT Act at a Glance
Section 29 IT Act gives the Controller or an authorised person access to computer systems and connected material to search for data upon reasonable cause to suspect a Chapter VI breach. System operators may be ordered to provide reasonable technical assistance.
Section 29 IT Act Bare Act Text
29. Access to computers and data.
(1) Without prejudice to the provisions of sub-section (1) of section 69, the Controller or any person authorised by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this Chapter has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system.
(2) For the purposes of sub-section (1), the Controller or any person authorised by him may, by order, direct any person in charge of, or otherwise concerned with the operation of, the computer system, data apparatus or material, to provide him with such reasonable technical and other assistance as he may consider necessary.
Amendments to this section
- 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).
Section 29 IT Act in Simple Words
Section 29 IT Act grants search and access powers over computer systems and connected material when a breach of Chapter VI of the IT Act (Regulation of Certifying Authorities) is reasonably suspected.
Section 29(1) IT Act opens with the words 'without prejudice to' Section 69(1) IT Act, meaning Section 29(1) IT Act does not limit or affect the separate government power under Section 69(1) IT Act to order interception, monitoring, or decryption of information in a computer resource on grounds such as India's sovereignty, defence, State security, public order, or investigation of an offence.
Under Section 29(1) IT Act, if the Controller or any person authorised by the Controller has reasonable cause to suspect that a contravention of Chapter VI has been committed, that official or authorised person has access to any computer system, any connected apparatus, data, or other material. Access is granted for searching, or causing a search to be made, to obtain information or data contained in or available to that computer system.
Under Section 29(2) IT Act, for the purposes of a search under Section 29(1) IT Act, the Controller or authorised person may issue an order directing any person in charge of, or otherwise concerned with operating, the computer system, data apparatus, or material. That order can require the person to provide such reasonable technical and other assistance as the Controller or authorised person considers necessary.
When Section 29 IT Act Applies
- The person exercising the power is the Controller or any person authorised by the Controller.
- There must be reasonable cause to suspect that a contravention of Chapter VI of the IT Act has been committed.
- Access covers any computer system and any apparatus, data, or other material connected with that computer system.
- Access is for searching or causing a search to be made to obtain information or data contained in or available to the computer system.
- For that search, the Controller or authorised person may, by order, direct a person in charge of or concerned with operating the system, data apparatus, or material to provide reasonable technical and other necessary assistance.
Example of Section 29 IT Act
When Section 29 IT Act Does Not Apply
- Where there is no reasonable cause to suspect that a contravention of Chapter VI of the IT Act has been committed.
- Where the suspected contravention is of a provision outside Chapter VI of the IT Act.
- Section 29(1) IT Act operates without prejudice to Section 69(1) IT Act and does not restrict directions for interception, monitoring, or decryption under Section 69(1) IT Act.
- An order for technical or other assistance under Section 29(2) IT Act applies only for the purposes of a search under Section 29(1) IT Act.
FAQs on Section 29 IT Act
What is Section 29 IT Act?▼
Section 29 IT Act gives the Controller, or any person authorised by the Controller, access to computer systems and connected apparatus, data, or material to search for information when there is reasonable cause to suspect a contravention of Chapter VI. It also allows the Controller or authorised person to order people operating the system to provide reasonable technical and other necessary assistance.
Does Section 29 IT Act allow a computer search for any violation of the IT Act?▼
No. Section 29(1) IT Act applies only when there is reasonable cause to suspect a contravention of Chapter VI of the IT Act, which regulates Certifying Authorities.
Who can be directed to assist during a search under Section 29(2) IT Act?▼
Any person in charge of, or otherwise concerned with the operation of, the computer system, data apparatus, or material. The Controller or authorised person issues an order directing that person to give reasonable technical and other assistance considered necessary.
Does Section 29 IT Act limit government interception powers under Section 69(1) IT Act?▼
No. Section 29(1) IT Act expressly operates without prejudice to Section 69(1) IT Act, leaving government powers to direct interception, monitoring, or decryption under Section 69(1) IT Act unaffected.
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Sources: Bare Act Text, Information Technology Act, 2000 ·