ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES

Electronic Records under Information Technology Act,2000 as per Section 2(1)(t), encompass any data, image, record, or file transmitted through electronic means. The Act, recognizing the significance of Electronic Signatures, defines them in Section 2(1)(ta) as any signature used to authenticate electronic records, specifically in the form of a digital signature.

AUTHENTICATION MECHANISMS: ASYMMETRIC CRYPTOSYSTEMS AND HASH FUNCTIONS

Section 3 of the Information Technology Act,2000 highlights that the authentication of Electronic Records is achieved through asymmetric cryptosystems and hash functions. These technologies play a pivotal role in ensuring the integrity and security of electronic signatures.

CONDITIONS FOR RELIABLE ELECTRONIC SIGNATURES (SECTION 3A)

1. Linkage to Signatory or Authenticator: Reliable electronic signatures must be intricately linked to the signatory or authenticator, ensuring a clear connection between the signature and its origin.
2. Control at the Time of Signing: The signatory must have control over the electronic signature at the time of signing, enhancing the reliability of the authentication process.
3. Detectability of Alterations: Any alterations to the electronic signature must be detectable after fixation or modification, ensuring the integrity of the signed information.
4. Detectability of Altered Information: Beyond the signature, any changes made to the authenticated information must be detectable, preserving the reliability of the entire electronic record.
5. Compliance with Central Government Conditions: Meeting any additional conditions specified by the Central Government further solidifies the reliability of electronic signatures.
6. GOVERNMENT AUTHORITY: RULE-MAKING POWERS (SECTION 10)

Section 10 empowers the government to formulate rules pertaining to electronic signatures. This authority ensures that the regulatory framework remains adaptable to evolving technological landscapes.

ATTRIBUTION OF ELECTRONIC RECORDS (SECTION 11)

Section 11 addresses the attribution of electronic records. An electronic record is attributed if it is sent by the originator or by any other person acting on their behalf. This attribution is a critical aspect of establishing the origin and authenticity of electronic communications.

 ACKNOWLEDGMENT OF RECEIPT (SECTION 12)

Acknowledgment Obligation: The person receiving an electronic record must acknowledge its receipt in any manner if the originator has not specified a particular acknowledgment method (Section 12).

DISPATCH OF ELECTRONIC RECORDS (SECTION 13)

1. Criteria for Dispatch: According to Section 13, an electronic record is considered dispatched when it enters a computer source beyond the control of the originator.
2. Time of Receipt Determination: The time of receipt is determined based on different scenarios:

• When the addressee has designated a computer resource, receipt occurs upon entry into the specified resource.
•  sent to another computer system, receipt occurs upon retrieval by the addressee.
• In the absence of a specified computer resource, receipt occurs when the record enters any computer source of the addressee.

CONCLUSION 

In conclusion, the Act provides a comprehensive framework for Electronic Records and Signatures, emphasizing the importance of reliable authentication mechanisms, conditions for electronic signatures, government rule-making powers, attribution of electronic records, and the acknowledgment and dispatch criteria. As technology continues to advance, it is crucial for legal frameworks to adapt and evolve to maintain the security and reliability of electronic communications.

REFERENCE 

• THE ECONOMIC TIMES
• THE ECONOMIC TIMES 
• LEGAL GLOSSARY – ELECTRONIC SIGNATURE