Question
Download Solution PDFThe time and place of dispatch and receipt of electronic record are mentioned in section _____ of the Information Technology Act
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 'Section 13 of the Information Technology Act'
Key Points
- Section 13 of the Information Technology (IT) Act:
- Section 13 of the IT Act, 2000, deals with the "time and place of dispatch and receipt of electronic records."
- It lays down rules to determine when an electronic message is considered sent and when it is deemed to be received.
- According to this section:
- An electronic record is dispatched when it enters an information system outside the control of the sender.
- An electronic record is deemed to be received when it enters the receiver's designated system or, if no specific system is designated, when it is retrieved by the receiver.
- This section is crucial for establishing clarity in electronic transactions and communications, especially in cases of disputes regarding time and place of delivery or receipt.
- It ensures legal recognition of electronic communication and provides a framework for resolving disputes in the digital era.
Additional Information
- Overview of other sections (incorrect options):
- Section 12:
- Section 12 relates to the "acknowledgment of receipt" of electronic records.
- It specifies how an acknowledgment can be sent and the consequences if it is not received.
- It does not address the time and place of dispatch or receipt of electronic records.
- Section 10:
- Section 10 focuses on "validating digital signatures" for secure authentication in electronic communication.
- It does not concern itself with the time or place of dispatch and receipt of electronic records.
- Section 11:
- Section 11 deals with the "attribution of electronic records."
- It specifies when an electronic record is considered to be sent by a person or their authorized agent.
- It does not address the timing or location aspects of electronic records.
- Section 12:
- Significance of Section 13:
- Section 13 is important for digital transactions, as it ensures that the timing and location of electronic communications are clearly defined.
- This clarity is essential for e-commerce, digital contracts, and other online transactions, where disputes might arise over when and where communication occurred.
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