Understanding E-Contract: Essentials And Legal Standing In India
- IJLLR Journal
- Nov 5
- 1 min read
Rosheni S R & Ardra Anil, Post Graduate Students, LL.M, Government Law College Ernakulam, Kerala
ABSTRACT
The rapid growth of digital technology has transformed the traditional structure of contractual relationships, giving rise to electronic contracts or e- contracts. This paper traces the historical development of e-contracts in India, beginning with the early Electronic Data Interchange (EDI) systems and the advent of e-commerce in the 1990s, leading up to their formal recognition under the Information Technology Act, 2000. It analyses how core principles of contract law such as offer, acceptance, consideration, and intention have evolved within the digital environment. The study further investigates various types of e-contracts, including click-wrap, browse-wrap, shrink-wrap, and email-based agreements, assessing their enforceability under Indian law. Particular focus is placed on the interplay between the Information Technology Act, 2000, the Indian Contract Act, 1872, and the Bharatiya Sakshya Adhiniyam, 2023, which collectively govern and authenticate electronic records and signatures. Although notable advancements have been achieved, e-contracts continue to face practical challenges concerning jurisdiction, authentication, and the capacity of parties. The paper concludes that while India possesses a solid legal framework for electronic agreements, ongoing legal reform remains vital to promote certainty and security in cross-border digital transactions.
