Explain the process pertaining to acknowledgement and dispatch of electronic records.

 Section 12 of the IT Act deals with the manners in which acknowledgement of the receipt of electronic record may be made and Section 13 of the IT Act discusses the time of receipt of an electronic record.

If the originator of the electronic record has not specified any particular mode of acknowledgement to be given by the receiver regarding the receipt of the record, the acknowledgement can 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.” For example, if an individual receives a mail for a meeting, the individual can send a mail to the sender saying thank you for the information, or sends an automated response or shows interest by joining the meeting. These activities show acknowledgement from the receiver end.

 

Also, in cases where the originator of the electronic record 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 by the originator.” But in cases where the originator has not specified that the electronic record will be binding only upon the receipt of acknowledgement and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed to 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.”

The section 13 of the IT Act talks about dispatch of electronic record. It is stated that, the time at which an individual sends the electronic record and it enters a computer outside the ambit of control of the sender, is the time of dispatch. Also, the place of origin of dispatch is the place of business of the sender and the place of receipt is the place of business of the receiver.

 

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