Explain the acknowledge of receipt of electronic record as per the Information Technology (Amended) Act, 2008.

CS Professional · Information Technology and Systems Audit · PYQS · June 2019
Explain the acknowledge of receipt of electronic record as per the Information Technology (Amended) Act, 2008.

Answer & Explanation:

Section 12 of Information Technology (Amendment) Act, 2008 provides where the originator has not agreed that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an Acknowledgment may be given by – Any communication by the addressee, automated or otherwise; or Any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. Where the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the electronic record shall be deemed to have been never sent to the originator. Where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, within a reasonable time, then the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent.

Topics: Information Technology Act, 2000

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