The Information Technology Act in India is drafted _________.

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UP Police SI (दरोगा) Official PYP (Held On: 16 Nov 2021 Shift 2)
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  1. based on Stockholm Convention 
  2. under the guidance of EU
  3. Based on UNCITRAL model law
  4. by adopting US legislation

Answer (Detailed Solution Below)

Option 3 : Based on UNCITRAL model law
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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Detailed Solution

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The correct answer is 'Based on UNCITRAL model law'

Key Points

  • Overview of the Information Technology Act:
    • The Information Technology Act, 2000, was enacted in India to provide legal recognition for electronic commerce and transactions and to facilitate the use of electronic records and digital signatures.
    • It addresses various issues such as cybercrime, data protection, and electronic governance, making it a crucial legislation for India's growing digital economy.
  • UNCITRAL Model Law:
    • The IT Act is largely based on the UNCITRAL (United Nations Commission on International Trade Law) Model Law on Electronic Commerce, 1996.
    • The UNCITRAL Model Law provides internationally accepted guidelines for electronic commerce, ensuring uniformity and harmonization in legal frameworks across nations.
    • India adopted this model to align its legislation with global standards and facilitate cross-border transactions.

Additional Information

  • Option 1: Based on Stockholm Convention:
    • The Stockholm Convention is an international treaty focused on reducing the production and use of persistent organic pollutants (POPs). It is unrelated to electronic commerce or IT legislation.
    • Hence, this option is incorrect as the Stockholm Convention does not provide a basis for the IT Act.
  • Option 2: Under the guidance of EU:
    • While the European Union has established its own frameworks for electronic commerce and data protection, the IT Act, 2000, in India was not drafted under their guidance.
    • India followed the UNCITRAL Model Law for international standardization rather than relying on EU-specific regulations.
  • Option 4: By adopting US legislation:
    • The IT Act does not directly adopt US legislation, though the US has its own laws governing electronic commerce (such as the Uniform Electronic Transactions Act).
    • The IT Act was specifically modeled on UNCITRAL guidelines to ensure global compatibility rather than mimicking US laws.
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