| How does the law in India deal with electronic transactions? |
| Posted by Sujeet Saxena, SPEL on
6/26/2003 |
Reply |
| How is this situation handled in India ? Are there any laws governing this ? Or are their any GOvernement regulations / guidelines for email or electronic record storage ? |
| Re: How does the law in India deal with electronic transactions? |
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Replied by Y.P.Sukhadia, BHARAT COMPUTER SYSTEMS
on 6/27/2003
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| Law on electronic transacions is very vague.It is very ineffective due to slow process of law in general. People in India do not trust as much as in many other countries. |
| Re: How does the law in India deal with electronic transactions? |
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Replied by Anil Bahl, XO Infotech Ltd.
on 6/28/2003
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In India, 'Information Technology Act, 2000' provides provisions to deal with legal recognition of electronic transactions.
Digitally signed documents are considered as authentic document in the court of law as physically signed paper.
Following links can be helpful on the topic:
http://www.mit.gov.in/itbillmain.asp
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| Re: How does the law in India deal with electronic transactions? |
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Replied by R Sekar, GCMMF Ltd
on 6/30/2003
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In my opinion the law framed by the law-makers does not seriously thought about the indian civil law and its state of affairs. It is something like the legislation passed in various state governments saying that the ' woman will get equal share ' in parental property. However, in reality it is not happening, even the court except few, have not till today given verdict in favour of woman or it is like reservation for woman in parliment.
Unless, we reach a situation the current generation / next generation understands the usage of computer, increase the computer literacy level, just bringing a law only benefit foreign countries, not indians.....
Hence, the law to deal the electronic transactions to be looked into more of indian perspective and it will not have much impact at this stage.
R Sekar, GCMMF Ltd |
| Re: How does the law in India deal with electronic transactions? |
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Replied by Dr. R. S. Tyagi, All India Institurte of Medical Sciences
on 7/8/2003
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| The IT ACT 2000 allows the acceptance of electronics records duly satisfied and signed using the signature attested by the Director General of Authentication for signatures , the process for which is under way. Our interpretations may differ but the Law does exist in India. |
| Re: How does the law in India deal with electronic transactions? |
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Replied by B.K.Khaitan, RPG Cables Ltd
on 7/14/2003
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The Parliament of India has passed it's first Cyberlaw, the information Technology Act,2000 which provides the legal infrastructure for e-commerce in India.
The objective of this Cyberlaw is to provide legal framework for transactions carried out by means of electronic data interchange and other means of electronic communications.
From the perspective of the corporate sector, the IT Act 2000 and its provisions contain the following positive aspects.
A> email would now be a valid and legal form of communication which can be duly produced in the court of law as a proof.
B> Corporates would now be able to use digital signatures to carry out transactions online. These digital signatures have been given legal validity and sanction in the Act.
c> Corporates would now be able to act as Certifying Authorities for issuing Digital Signature Certificates. The Act does not make any distinction between any legal entity for being appointed as a certifying Authority so long as norms stipulated by the govt have been followed.
D> The Act also enables the companies to file any form, application or any other document with any office, authority, body or ageny owned or controlled by the Govt in the electronic form as may be prescribed by the Govt.
E> The Act also addresses the important issues of Security which are critical to the success of electronic transactions.
There are some grey areas in the Act which need special attention.
A> It is not clear as to how and in what particular manner the said act shall apply to any offence committed outside of Indian territory as the internet has shrunk the size of the world and international boundaries cease to exist in this scenario.
B> The I.T. Act does not touch upon all issues relating to Domain names. Even Domain names have not been defined and the rights and liabilities of Domain name owners do not find any mention in the said Law.
C> Important issues concerning Copyright, Trademark and Patent have been left untouched in the said law thereby leaving many loopholes in the said law.
D> As per the Act, any GOVT agency has the right to intercept any information transmitted through internet if the same is necessary in the interest of sovereignty and integrity of India.
I hope the above clarifies your doubts.
B.K.Khaitan
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| Re: How does the law in India deal with electronic transactions? |
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Replied by S.P.Arya, Hero Cycles Ltd
on 7/15/2003
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Hi Everubody,
Good inputs from Dr.Tyagi, Mr.Khaitan and others. But it is very clear that awareness is about the IT LAWs is quite less among us. Even I myself started taking interest in knowing the facts about the IT ACT 2000, once I read this topic here. Thanks to Sujeet to initiate the topic.
For the information of one and all, who, like me are not aware of the law, I am writing the name of one book which may give you all the knowledge about the law.
Practical Guide To Information Technology ACT 2000 (Indian Cyber Law) by Nitant P.
Publishers: Snow White Publishers, Mumbai,
email : swp@bom3.vsnl.net.in
www.snowwhitelaw.com, Tel : 22058242, 22053885
Fax No.: 2007139
Hope this will help everybody to know the law in great depth. I shall also request CIOL.com to start, if possible, a series of main highlights from the law specially covering the E Commerce OR say Internet business and Electronic Transactions and Records and the readyness of the Indian Govt. to accept these.
regards,
S.P.Arya |
