What provision have been made regarding legal recognition of electronic records and electronic signature and retention of electronic records under the information technology act, 2000?

What provision has been made regarding the legal recognition of electronic records and electronic signature and retention of electronic records under the information technology act, 2000?

What provision have been made regarding legal recognition of electronic records and electronic signature and retention of electronic records under the information technology act, 2000?

Section 4 in The Information Technology Act, 2000


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.

Section 5 Defined the word Signed – 

With its grammatical variations and cognate expressions shall with reference to a person mean fixing of his handwritten signature or any mark on any document and the expression “signature” shall be constructed accordingly 

Section 6 Use of electronic records and electronic signatures in government and its agencies – 

(1) Where any law provides for-
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;
(b) the issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner;
(c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.
(2) The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe-
(a) the manner and format in which such electronic records shall be filed, created or issued;
(b) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).

SECTION 7 - RETENTION OF RECORDS:

Where any law provides that documents, records or information be retained for a specific period, then the requirement will be said to have been met if the documents are retained in electronic format and if the information contained therein remains accessible so as to be usable for subsequent reference in the format it was originally created, generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received, including the details of the identification of the origin, destination, dispatch or receipt of such electronic record are available in the electronic record. These conditions however do not apply to electronic documents which are generated automatically, solely for the purpose of enabling an electronic record to be retention of documents, records or information in the form of electronic records.