ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS – Anweshon.com || Prepare Yourself for Future

13. Attribution. — (1) An electronic record shall be that of the originator it was sent by the originator himself.
(2) As between the originator and the addressee, an electronic record shall be deemed to be that of the originator if it was sent–
(a) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or
(b) by an information system programmed by or on behalf of the originator to operate
automatically.
(3) As between the originator and the addressee, an addressee shall be entitled to regard an electronic record as being that of the originator and to act on that assumption if–
(a) in order to ascertain whether the electronic record was that of the originator, the
addressee properly applied a procedure previously agreed to by the originator for that purpose; or
(b) the information as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify the electronic records as its own.
(4) Sub-section (3) of this section shall not apply–
(a) from the time when the addressee has received notice from the originator that the
electronic record is not that of the originator, and had reasonable time to act
accordingly;
(b) in such case as in clause (b) of section (3) of this section, at any time when the
addressee knew or ought to have known, after using reasonable care or using agreed procedure, that the electronic record was not that of the originator;
(c) if, in all circumstances of the case, it is unconscionable for the addressee to regard the electronic record as being that of the originator or to act on that assumption.
(5) Where an electronic record is that of the originator or is deemed to be that of the
originator, or the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee shall be entitled to regard the electronic record received as being what the originator intended to send, and to act on that assumption.
(6) Whatever is there in sub-section (5) of this section, the addressee shall not be so entitled when the addressee knew or should have known, after exercising reasonable care or using any agreed procedure, that the transmission resulted in any error in the electronic record as received.
(7) The addressee shall be entitled to regard each electronic record received as separate electronic record and to act on that assumption; however, it shall not be applicable for the following electronic records–
(a) duplicates of other electronic records created by the addressee; and
(b) the addressee knew or should have known, after exercising reasonable care or using any agreed procedure, that the electronic record was a duplicate.
14. Acknowledgement of receipt.– (1) Sub-sections (2), (3) & (4) of this section shall apply where, on or before sending an electronic record, or by means of that electronic record, the originator has requested or has agreed with the addressee that receipt of the electronic record be acknowledged.
(2) Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by–
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the
electronic record has been received.
(3) Where the originator has stipulated that the electronic record shall be conditional on receipt of the acknowledgement, then, until the acknowledgement has been received, the electronic record shall be deemed to have been never sent by the originator.
(4) Where the originator has not stipulated that the electronic record shall be conditional on receipt of the acknowledgement, and the acknowledgement has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator–
(a) may give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; and
(b) if no acknowledgement is received within the time specified in clause (a) of this subsection, may, after giving notice to the addressee, treat the electronic record as
though it has never been sent.
(5) Where the originator receives the addressee’s acknowledgement of receipt, it shall be presumed that the related electronic record was received by the addressee, but that presumption shall not imply that the content of the electronic record corresponds to the content of the record received.
(6) Where the received acknowledgement states that the related electronic record met technical requirements, either agreed upon or set forth in applicable standards, it shall be presumed that those requirements have been met.
15. Time and place of dispatch and receipt of electronic record. — (1) Save as otherwise agreed to between the originator and the addressee,–
(a) the time of dispatch of an electronic record shall be determined when it enters a
computer or electronic machine or resource out side the control of the originator;
(b) the time of receipt of an electronic record shall be determined as follows, namely:–
(i) if the addressee has designated an electronic device or resource for the purpose
of receiving electronic records, receipt occurs,–
(a) at the time when the electronic record enters the designated electronic
device or resource;
(b) if the electronic record is sent to an electronic device or resource of the
addressee that is not designated electronic device or resource, at the
time when the electronic record is retrieved by addressee;
(ii) if the addressee has not designated an electronic device or resource along with
the specified timings, if any, receipt occurs when the electronic record enters
the electronic device or resource.
(c) An electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.
(2) The provision of sub-section (1) (b) of this section shall apply notwithstanding that the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under sub-section (1) (c) of this section.
(3) For the purposes of this section,–
(a) if the originator or the addressee has more than one place of business, the
principal place of business shall be the place of business;
(b) if the originator or the addressee does not have a place of business, his usual
place of residence shall be deemed to be the place of business;
Explanation.– “principal place of business” or “usual place of residence” in relation to a body corporate or body incorporated means the place where it is registered.