As the digital era progresses, electronic documents have become an integral part of daily life. The legislation governing these documents has evolved to provide legal recognition to electronic records and electronic evidence in India, primarily governed by the Information Technology Act, 2000 (IT Act, 2000).
The IT Act, 2000, was enacted to give legal recognition to electronic records and electronic evidence. This was a pivotal step, recognizing the pervasiveness of electronic transactions and the need for legal sanctity.
1. Section 4 - Legal Recognition of Electronic Records: This section provides that any legal requirement for information to be in the written form is deemed satisfied if it is available in an electronic form accessible for subsequent reference. This implies that the electronic records are equivalent to paper-based records.
2. Section 5 - Legal Recognition of Digital Signatures: This section extends legal recognition to digital signatures. If the law requires a signature on a document, the requirement is deemed to have been satisfied if it is signed with a digital signature.
3. Section 65B - Admissibility of Electronic Records: Under this section, any information contained in an electronic record produced from a computer can be used as evidence in any legal proceedings. The conditions under which electronic evidence is admissible are further detailed in this section.