To begin with, you see, Yes, email is a legal document in India, and can even be presented as a proper proof in the Indian courts. But things aren’t as simple as that. There is a lot more to learn about that, and that’s why you shouldn’t be missing out on this post.
Legal Framework for Emails in India
Without a doubt, digital development has come such a long way that even in India it is now legally possible to form contracts through electronic mediums like emails. And how’s that possible, you ask? Well, you see, the primary law governing contracts is the Information Technology Act, of 2000, which contains provisions recognizing such types of contract formation. Over the years, this law developed along with the technological boom, and the way of electronic communication became serious as compared to the traditional paper-based way of documents.
In that act, an important part is Section 10A, confirming that contracts made electronically are equal to the ones made on paper, which means that emails also can be used as legal and actual documents. And because of this very law in India, nowadays, it is common for individuals and firms to use emails to negotiate and finalize deals, especially when face-to-face participation is not possible.
Can Emails Be Used As Evidence in Indian Courts?
Well, just so you know, as per the Indian Evidence Act, emails can be presented as solid proof in the courts, that’s why whatever discussion or deals happened over the emails, can be used as proper evidence to make a point in Indian courts. Though, it is not as simple as it sounds, and why is that? Well, for an email to be accepted as a piece of proof, it needs to be both original and untouched which can be best ensured by proper exchanging without any alterations by either of the individuals involved in the communication, you know? This fact regarding email authentication is very crucial for courts to interpret correctly the messages exchanged under it, so that’s that.
Conditions and Limitations
Even though emails have become very popular among people, it is important to note that they are not always legally binding, and why is that? Well, the thing is that some essential documents must still be printed on paper as stated in the First Schedule of the Information Technology Act, 2000. Additionally, the virtual nature of emails creates room for risks like impersonation or hacking in a manner that’s quite difficult to pinpoint. Such security concerns bring to the fore that the use of encrypted email services is super important and that one might also use email security through electronic signatures as an additional measure against misuse.
