Electronic Contracts in India: Challenges and Complexities

In the current times, e-contracts have become a common way of contracting. Rapid advances in the areas of computer technology, information technology and telecommunications technology has improved the general standard of living and has allowed more and more people to take advantage of the benefits of online contracts. Increased penetration of the internet in all corners of the world as well as rapid development of e-commerce primarily have led to a rise in the use of e-contracts. Communication is not restricted due geographical or time limitations and information is transmitted and received more efficiently and speedily than ever before. A contract can be formed in seconds, with both parties meeting all essentials of a contract over the internet. Though such types of contracts have become a part of our daily lives, people are unaware of the legal challenges and complexities that surround such contracts. In view of these challenges, a comprehensive law dealing with electronic contracts is a must. Many legislatures around the world have realized this and have passed laws to recognize and enforce electronic contracts. In this paper, the author aims to understand and analyse what an e-contract is, what are the different types e-contracts, the laws that govern such contracts in India, judicial precedents surrounding e-contracts, and the various issues involved in the functioning of such contracts.