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Syracuse Journal of International Law and Commerce

2006

India's Information Technology Act

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A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe Jan 2006

A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe

Syracuse Journal of International Law and Commerce

India's Information Technology Act (/TA) recognizes the legal validity of £-documents, £-signatures and £-contracts, and also promotes £-government. £-documents are not allowed in wills, trusts, sales of real property, negotiable instruments and powers-of-attorney. An £-document may be used to satisfy a statutory requirement of writing; authentication; retention; publication; and governmental filing, issuance or payment. A digital signature complies with a statutory requirement for a handwritten signature to be affixed on paper. The /TA includes £-contract rules relating to: attribution, acknowledgement of receipt, and time and place of transmission and reception of an electronic message. Rules are provided for the regulation …