The United Nations commission on International Trade Law (UNCITRAL) adopted the Model Law on electronic commerce in 1996. The general assembly of united nations by its resolution no. 51/162, dated 30th January, 1997, recommended that all states should give favourable considerations to the said model law when they enact or revise their laws.
The Model Law provides for equal legal treatment of users of electronic communication and papaer based communication. Pursuant to a recent declaration by member countries, the World Trade Organisation is likely to form a work programme to handle its work in this area including the possible creation of multilateral trade deals through the medium of electronic commerce.
It was proposed to provide for legal recognition of electronic records and digital signatures.It was also proposed to provide for a regulatory regime to supervise the Certifying Authorities issuing digital signature certificates. To prevent the possible misuse arising out of transactions and other criminial liabilities for contravention of the provisions of the proposed legislation.
With a view to facilitate Electronic Governance, it is proposed to provide for the use and acceptance of electronic records and digital signatures in the government offices and its agencies.
It is also proposed to make consequetial amendments in the Indian Penal Code and the Indian Evidence Act, 1872 to provide for necessary changes in the various provisions which deal with offences relating to documents and paper based transactions. It is also proposed to amend the Reserve Bank of India Act, 1934 to facilitate electronic fund transfers between the financial institutions and banks and the Banker's Book Evidence Act, 1891 to give legal sanctity for books of account maintained in the electronic form by the banks.
The proposal was also circulated to the State Goverments. They have supported the proposed legislation and have also expressed urgency for such legislation. |
