All NotesCivil LawInformation Technology Act, 2000

Information Technology Act, 2000

Computer, Computer System, Network and Resource: IT Act Definitions Compared

Every operative section of the IT Act stands on four nouns, computer, computer system, computer network and the umbrella over them, computer resource, joined in 2008 by communication device. The offence, interception and jurisdiction provisions all take their reach from these definitions, which is why comparison questions on them recur. This note, as asked, covers the definitional ladder separately: each term in the statute's words, the pairwise distinctions, and the consequences that hang on them.

1. The Definitions

Section 2(1), Information Technology Act, 2000 (substance)

(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 interconnection of one or more computers or computer systems or communication device through the use of satellite, microwave, terrestrial line, wire, wireless or other communication media, and terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained;

(k) 'computer resource' means computer, computer system, computer network, data, computer data base or software;

(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;

(ha) 'communication device' means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.

The definitional ladder

Figure 1: The definitional ladder

2. The Pairwise Distinctions

Three comparisons, one line each

Figure 2: Three comparisons, one line each

  • Computer vs computer system. The computer is the high-speed data processing device performing logical, arithmetic and memory functions, with its connected facilities swept in; the computer system is the working assembly, a device or collection of devices containing programmes and data, with input and output support, capable of use with external files, and expressly excluding non-programmable calculators. A standalone machine answers both descriptions; the system definition matters for assemblies, an installation of processor, terminals, storage and peripherals is one system, and for the programmability line that keeps dumb devices out.
  • Computer system vs computer network. One installation against the interconnection: a network exists when one or more computers, systems or communication devices are linked through satellite, microwave, terrestrial line, wire, wireless or any other medium, including terminals and interconnected complexes, and the interconnection need not be continuously maintained. The office LAN, the bank's core system linkage and the internet itself are networks; the distinction feeds ss.43 and 66, which strike at damage and disruption of networks as such, and s.70's protected system notifications.
  • Computer resource vs communication device. Computer resource is the umbrella noun, computer, computer system, computer network, data, computer data base or software, and it is the word the operative sections actually deploy, so their reach is the union of everything digital. Communication device, added in 2008, names cell phones, personal digital assistants and any device communicating text, video, audio or images: a subset of the computer world singled out so that phone-borne conduct, s.66D's cheating by personation 'by means of any communication device or computer resource', and network definitions unambiguously cover mobiles. A smartphone is at once a computer, part of networks, a computer resource and a communication device.

3. Why the Definitions Decide Cases

Three consequences of four nouns

Figure 3: Three consequences of four nouns

  • The sweep of the offences. s.43 and s.66 operate on the computer, computer system, computer network and computer resource; s.69 intercepts through any computer resource; s.66F strikes at critical resources. Because resource includes data and software, copying a database or corrupting a program is within the sections even where no machine is touched.
  • The mobile era. Courts have applied the computer definition to smartphones, tablets and embedded systems, the definitions being functional, not form-bound; the 2008 insertion of communication device and its addition to the network definition confirmed the coverage rather than created it.
  • The territorial anchor. s.1(2) and s.75 extend the Act to foreign conduct involving 'a computer, computer system or computer network located in India', so the definitions are also the jurisdictional hook: a server, an account hosted here, or a victim's device in India satisfies the location element (Topic 66)

⚠ Exam trap

Quote the exclusion and the inclusions that examiners test: the computer system definition excludes calculators which are not programmable, the network definition expressly says the interconnection need not be continuously maintained, and computer resource includes data, data base and software, which is why data theft needs no damaged machine. Match each term to its clause, computer 2(1)(i), network 2(1)(j), resource 2(1)(k), system 2(1)(l), communication device 2(1)(ha), and remember that the operative sections speak of the computer resource, the widest of them all.

4. Frequently Asked Questions

What is the difference between a computer, a computer system and a computer network under the IT Act?

A computer under Section 2(1)(i) is any high-speed data processing device performing logical, arithmetic and memory functions, together with its connected input, output, storage and communication facilities. A computer system under Section 2(1)(l) is a device or collection of devices containing programmes and data with input and output support, excluding non-programmable calculators, the working installation. A computer network under Section 2(1)(j) is the interconnection of computers, systems or communication devices through any communication medium, whether or not continuously maintained. Computer resource under Section 2(1)(k) is the umbrella covering all three plus data, databases and software.

Is a smartphone a computer under the IT Act?

Yes. The definitions are functional: a smartphone performs logical, arithmetic and memory functions by electronic manipulation and so is a computer, it participates in computer networks, and it is a computer resource. The 2008 Amendment additionally defined communication device in Section 2(1)(ha), cell phones, personal digital assistants and devices transmitting text, video, audio or images, and wove the term into the network definition and offences such as Section 66D, putting phone-borne conduct beyond argument.

5. Related Topics

  • Topic 36: Section 2 Definitions. The full definitional survey these four sit within.
  • Topic 53: Section 43. The section whose reach these definitions fix.