E Contracts in India: The Legal Framework Issues and Challanges

Abstract

E-CONTRACT IN INDIA: THE LEGAL FRAMEWORK, ISSUES, AND CHALLENGES

Siddhant Mishra, Advocate (Lucknow Bench) of Allahabad High Court & Dr. Abhijit Mishra, Assistant Professor, School of Law, Bennett University

ABSTRACT E-contracts are commercial agreements that are executed electronically or digitally. It is necessary for E-contracts to meet the same requirements as paper-based contracts in order to be created and executed. However, the main difference between e-contracts and traditional contracts is that e-contracts are formed and executed electronically as opposed to traditional contract. Our everyday lives are characterized by E-contracts, which are usually commercial agreements that take place behind the screen without the parties physically meeting. Because of this, the E contract has no physical dimension as opposed to a traditional contract. In India, the concept of E-contracts are governed by large number of laws, rules, and regulations, primarily the Indian Evidence Act, 1872, the Information Technology Act, 2000, and the Indian Contract Act, 1872. After the global outbreak of the Covid-19 pandemic, there has been a significant change in terms of the user interface, which has resulted in an increase in the use of E-commerce, where more and more people who have previously been reluctant to engage in any form of e-commerce have switched their businesses online, leading to a plethora of contractual relationships being established every day. It is because of this that e-contracts have boosted global economies, and even though global restrictions regarding COVID-19 have been minimised, businesses still prefer to do their business through electronic contracts, which is a welcome change for a developing economy like India .