In this article, we have discussed the legal provisions and
position with regard to execution of documents by way of electronic
mode.
Legal recognition of electronic records under Information
Technology Act, 2000
The Information Technology Act, 2000 (“IT Act”)
provides for recognition of electronic records under Section 4,
which illustrates that any document which is required by law to be
in writing, typewritten or in printed form, will be considered to
be valid if it is rendered or made available in electronic form and
accessible for a subsequent reference in future.
As per Section 10A of the IT Act, in case of a contract
formation, where the communication of proposals and acceptance are
expressed in electronic form or by means of an electronic record,
such contract shall not be deemed to be unenforceable solely on the
ground that such electronic form or means was used for that
purpose. The aforesaid provision was introduced by the Information
Technology