(1) In this Act, unless the context otherwise requires,—
(a) "access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
(b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
(c) "adjudicating officer" means an adjudicating officer appointed under sub-section (1) of section 46;
(d) "affixing electronic signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature;
(ha) "communication device" means cell phones, personal digital assistance (PDA) or combination of both or any other device used for communicating, sending or transmitting any text, video, audio or image;
(i) "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, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;
(j) "computer network" means the inter-connection of one or more computers or computer systems;
(l) "computer system" means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
(o) "data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
(r) "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
(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;
(ta) "electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;
(v) "information" includes data, message, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche;
(w) "intermediary" with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes.
Legal Commentary & Landmark Judgments: Section 2
Section 2 provides the master statutory definitions and interpretive architecture for the Information Technology Act, 2000, setting out exhaustive definitions for core cyber concepts including 'access', 'computer', 'computer network', 'data', 'electronic record', 'intermediary', 'originator', and 'secure system'.
In cyber litigation, scrutinize the opponent's pleading against Section 2 technical definitions; establishing that a device does not qualify as a 'computer system' or that an entity is a mere 'conduit intermediary' disposes of foundational liability at the threshold.