See, in this digital age, we all are using Email every single day, mostly for official purposes, right? Well, in that case, let’s say some contract terms are violated by you or the other party and now you are wondering whether an email chat or conversation can be presented as a legal document or not to present in court, right? Well, that’s what we are here for today, so let’s have a good look at just that.
What Are The Legal Rules for Emails in India?
In the connected world of today, all of us are online, and the laws in India are also catching up with this reality. That’s where the Information Technology Act, of 2000 comes into the picture. This one is huge, as it states that electronic contracts are real contracts. In Section 10A, more particularly, is the star player: ‘The Supreme Court of India appears to believe that although a contract is electronic, it doesn’t make it invalid.’. They have looked at cases where deals are done over email and said, “That counts.” Perhaps the most famous of these is Trimex International FZE, Dubai v. Vedanta Aluminum Limited, where the English courts have held that email agreements do, in fact, are more than enough.
Emails in Court As Evidence
The Indian Evidence Act has to be a little amended ever since it was introduced so that some digital evidence, like emails, could be brought in. The email to be used should be authentic and not tampered with. The law should be able to see that the email is kept properly, showing who sent the email, who it was sent to, and when. It is just all about keeping the original and reliable things clear.
What to Watch Out For?
However, whilst these modern messages may be getting the thumbs-up in the legal world, they do come with a few catches. That said, the email could always present some pretty iffy prospects, like the possibility of impersonation or getting hacked. The content should be lying as it was when agreed, clear that the intervention of all involved meant to reach this agreement. But the fact is that everything cannot be answered by the exchange of emails. Some have to be signed in a conventional way, as listed in the IT Act.
Making Emails Legally Solid
For an email contract to be actual evidence in the court, a few boxes need to be checked: we need to know who is who, that the message has not been tampered with; and nobody can just surrender and walk out, saying he didn’t agree. For that, digital signatures will be quite useful in adding an extra layer of “yes, it’s really me” and “No, I haven’t changed a thing since.”
Final Thoughts
All in all, the short and sweet answer to your question is Yes, in some cases, an Email conversation can be presented as a legal document in India. But there are a lot of rules attached to this whole thing, so be aware of that.
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