Legal Recognition of Electronic Records and Signatures

In one line

Sections 4 and 5 are the two sentences that make electronic commerce possible in India: one says an electronic record is writing, the other says a prescribed electronic signature is a signature.

In the wording a student can write in an exam: section 4 of the Information Technology Act, 2000 provides that where any law requires information or any other matter to be in writing or in typewritten or printed form, that requirement shall be deemed to have been satisfied if the information is rendered or made available in an electronic form and accessible so as to be usable for a subsequent reference; and section 5 provides that where any law requires information to be authenticated by affixing a signature, or a document to be signed or to bear the signature of a person, that requirement shall be deemed satisfied if the information is authenticated by means of an electronic signature affixed in such manner as may be prescribed by the Central Government.

Why these two sections are the heart of the Act

Because everything else in Chapters II to V is machinery for them. Section 3 says how a digital signature is made; section 3A says what else may count; sections 14 to 16 say when a record or signature is secure. None of that would matter if sections 4 and 5 did not exist, because none of it would have any legal effect.

And because they are the Model Law arriving in Indian statutory form. Section 4 is article 6, and chapter 70 works the functional analysis that produced it. Section 5 is article 7, changed in a way that chapter 110 makes the centre of the comparison.

Section 4: legal recognition of electronic records

"Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference."

Six features, and each does work.

"Where any law provides." Section 2(1)(y) defines "law" widely: an Act of Parliament or of a State Legislature, an Ordinance, Regulations under article 240, a President's Act under article 357(1)(a), and rules, regulations, bye-laws and orders made under any of them. So section 4 reaches subordinate legislation, which is where most writing requirements actually live.

"In writing or in the typewritten or printed form." Three formulations, because Indian statutes use all three.

"Notwithstanding anything contained in such law." A non obstante clause directed at the other statute. Section 4 overrides the writing requirement wherever it is found.