An Analytical Study on E-contract: Its Legal Validity and Jurisdiction​

Jaimala Chahande
M.Sc. LLM, NET, SET, Visiting Faculty at PGTD of Law, Nagpur (July 2019- March 2020)

Volume III, Issue VI, 2020

An evolution and tremendous development in the computer system and information technology along with the increase in the innovations related to the internet services, the E-commerce flourishes since last decades. E-contract is an essential part of E-commerce. E-contract is legally recognized by Law, thus the trust of consumers on E-commerce increases day by day. The COVID-19 pandemic situation further helps to grow the E-commerce and E-contracts. In India, E-contract is governed by so many Laws. The provisions of the Indian Contract Act, 1872 are generally applicable to validate the E-contracts similar to the general contracts. The provisions of The Information Technology Act, 2000 (IT Act) gives statutory recognition to E-contracts. The provisions of the Indian Evidence Act, 1872 makes the E-contract enforceable. An E-contract crosses the jurisdictional boundaries as it can be created from any place in the globe. This raises the question of jurisdiction of the court in case of any dispute between the parties to E-contracts.

This paper has analyse the E-contracts along with the traditional contracts in India. There are the issues arising in E-contracts regarding Legal Validity and Jurisdiction of E-contracts as it is created from anywhere and anytime in the World. So, this paper explains the legal validity of E-contract and describe the jurisdiction of E-contract in India.