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Legal recognition of electronic record would mean:1. only electronically printed record2. record made available in an electronic form3. record accessi
Question

Legal recognition of electronic record would mean:
1. only electronically printed record
2. record made available in an electronic form
3. record accessible so as to be usable for a subsequent reference
Select the correct answer using the code given below:

A.

1 only

B.

1 and 2

C.

3 only

D.

2 and 3 only

Correct option is D

The correct answer is (d) 2 and 3.

Explanation

The legal recognition of electronic records is governed by Section 4 of the Information Technology Act, 2000. This section acts as a bridge between traditional paper-based law and modern digital practices.

According to Section 4, if any law requires information to be in writing, typewritten, or printed form, that requirement is "deemed to be satisfied" if the information is:

  • Rendered or made available in an electronic form (Statement 2 is correct).
  • Accessible so as to be usable for a subsequent reference (Statement 3 is correct).

Why Statement 1 is incorrect: Legal recognition is not limited to "electronically printed records" (hard copies). In fact, the primary purpose of the IT Act is to remove the necessity of physical paper. An email, a PDF stored on a server, or data in a database is legally recognized even if it is never printed, provided it remains accessible for future use.

Information Booster:

The IT Act was based on the UNCITRAL Model Law on Electronic Commerce, which promotes the principle of "Functional Equivalence." This means that electronic documents should be treated the same as paper documents if they fulfill the same basic functions (storage, retrieval, and evidence).

Key Provisions of Section 4:

  • Non-discrimination: A record cannot be denied legal effect solely because it is in electronic form.
  • E-Governance: This section enables citizens to interact with government agencies digitally (e.g., filing tax returns or applying for passports online).
  • Admissibility: Because of Section 4, electronic records are admissible as "documents" under the Indian Evidence Act (now the Bharatiya Sakshya Adhiniyam, 2023).

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