/Which Section of It Act Deals with the Legal Recognition of Electronic Records

Which Section of It Act Deals with the Legal Recognition of Electronic Records

The central government has been given the power to legislate with respect to the digital signature, including the type, type, format in which the digital signature must be affixed, and procedures relating to how the digital signature is to be handled[3]. To this end, this Act subsequently contains numerous provisions. The purpose of this law is to create the legal framework to guarantee the legal inviolability of all electronic records and other activities carried out electronically. The Act further stipulates that, unless otherwise agreed, acceptance of the contract may be expressed by electronic means of communication and has legal and enforceable validity. The purpose of the Act is to facilitate electronic commerce and to remove barriers and barriers to electronic commerce arising from the glorious uncertainties regarding writing and signing requirements via the Internet. The law also aims to achieve its objectives of promoting and developing the legal and commercial infrastructure necessary for the implementation of electronic commerce. Review of the recognition of electronic documents or assets under the Information Technology Act. However, section 9 of the Act provides that the conditions set out in sections 6, 7 and 8 do not confer any right to require that the document be accepted in electronic form by any ministry or department of the central or provincial government. [2] www.legalserviceindia.com/articles/ecta.htm India is one of the few countries in the world, aside from the United States, Singapore and Malaysia, to have an Information Technology Act to promote e-commerce and e-business. The Indian Parliament has already passed the Information Technology Act 2000 drafted by the Ministry of Communications and Information Technology. The law is based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. The enactment of the Information Technology Act by the Indian Parliament and the resulting amendments to the Indian Evidence Act, etc., have paved the way for the legal recognition of transactions carried out through electronic commerce. E-commerce can now be done by people who receive a „digital certificate”.

Anyone to whom such a certificate is issued can now authenticate an electronic record by digitally signing the document. (c) If a law requires a recording to be in writing, an electronic record is in accordance with the law. Electronic signatures have also been dealt with in section 3A of the Information Technology Act 2000[10]. A subscriber may authenticate any electronic record by means of an electronic signature or electronic authentication technique deemed reliable and specified in the Second Annex. An amendment to the Information Technology Act of 2008[11] introduced the concept of electronic signature. As a result of this amendment, it has helped expand the scope of the Information Technology Act to include new techniques as electronic document signature technology becomes available, with the exception of digital signatures. The objectives of the law are: It is necessary to include appropriate amendments in the existing laws in our country in order to facilitate electronic commerce. It is therefore proposed to provide for the legal recognition of electronic records and digital signatures. This allows the conclusion of contracts and the creation of rights and obligations via electronic media.

It is also proposed to provide for a regulatory system to supervise certification authorities issuing digital certificates. In order to prevent possible abuses through transactions and other transactions concluded electronically, it is also proposed to establish civil and criminal liability for violations of the provisions of the proposed legislation. To facilitate e-government, it is proposed to provide for the use and acceptance of electronic records and digital signatures in departments and their agencies, which would allow citizens to easily interact with government agencies. Let us say that a particular law requires that a question be written, typed or printed. Even in the case of such a law, the requirement is met if the information is provided or made accessible in electronic form and is also made available for future reference. Article 3 legally recognizes electronic records and digital signatures. The digital signature is created in two different steps. First, the electronic record is converted into a message digest using a mathematical function called the hash function, which digitally freezes the electronic record, thereby ensuring the integrity of the content of the intended communication in the electronic document.