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IT Act 2000

Section 2

Definitions

THE STATUTE

Original Text

In this Act, unless the context otherwise requires, — (i) 'access' means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network; (j) 'computer' means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses; (l) 'computer network' means the interconnection of one or more computers or computer systems; (o) 'data' means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner; (t) 'electronic record' means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; (w) 'intermediary' means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record.

Simplified

Section 2's definitions are the DNA of the entire IT Act — every offence, every penalty, every protection flows from how these terms are defined. 'Computer' is defined broadly enough to cover smartphones, servers, ATMs, and IoT devices. 'Data' covers any representation of information in electronic form — a WhatsApp message, a banking record, a medical file — making the definition foundational for both the IT Act's offence provisions and data protection law. 'Electronic record' has the same legal standing as a paper record under Section 4, which is why e-contracts, e-filings, and e-receipts are legally valid in India. The definition of 'intermediary' is critically important: it determines who gets safe harbour protection under Section 79. The 2008 Amendment expanded intermediary to include telecom service providers, web-hosting companies, search engines, online payment sites, online auction sites, and online marketplaces. 'Digital signature' and 'electronic signature' are distinct — digital signatures use asymmetric cryptography (PKI-based), while electronic signature is a broader term covering OTPs, biometrics, and other authentication methods introduced by the 2008 Amendment.

Common Queries

Section 2(i) defines a computer as any electronic, magnetic, optical or other high-speed data processing device that performs logical, arithmetic, and memory functions. This covers desktops, laptops, smartphones, servers, ATMs, and IoT devices.
Section 2(w) defines an intermediary as any person who receives, stores, or transmits an electronic record on behalf of another, or provides any service with respect to that record. This covers ISPs, social media platforms, search engines, e-commerce marketplaces, and cloud providers.
A digital signature uses asymmetric cryptography (PKI). An electronic signature is a broader, technology-neutral term introduced by the 2008 Amendment that covers OTPs, biometrics, and any authentication method notified by the Central Government.
Yes. Section 2(t) defines electronic record as any data, record, image, or sound stored, sent, or received in electronic form. A WhatsApp message, email, or digital document all qualify.

Legal Evolution

The definitional framework was modelled on the UNCITRAL Model Law and the Singapore Electronic Transactions Act 1998. The 2008 Amendment significantly expanded several definitions — particularly 'intermediary' and 'electronic signature' — to accommodate the explosive growth of social media platforms, cloud computing, and mobile internet that occurred after 2000.

Key Amendments

2008 Amendment added 'electronic signature' as a broader concept alongside 'digital signature'.

Intermediary definition expanded to include web-hosting services, search engines, and online marketplaces.

'Cyber café' was added as a defined term to address shared-access internet usage.

'Communication device' was added to cover mobile phones and other handheld devices.

Landmark Precedents

Avnish Bajaj v. State (NCT of Delhi) (2005)

2005 (3) JCC 1481
RELEVANCE

Delhi HC examined whether Baazee.com's CEO could be held liable for a listing of obscene content — turned on interpretation of 'intermediary' definition and knowledge requirement.