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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

A statute requires that a notice to members be 'in writing'. Sharma Traders Ltd sends the notice as an e-mail that members can open and read again later. Under the Information Technology Act, 2000, what is the position?

The requirement is deemed satisfied. Section 4 treats a legal requirement of writing as met when the information is made available in electronic form and remains accessible for later reference, so the e-mailed notice qualifies without any further notarisation or approval.

  1. AThe requirement is deemed satisfied, as the notice is in electronic form and accessible for subsequent referenceCorrect
  2. BThe requirement is not satisfied, because writing means paper only
  3. CThe requirement is satisfied only if the notice is also digitally notarised
  4. DThe requirement is satisfied only if the Government has approved the e-mail format

Explanation

Section 4 deems a requirement of writing, typewritten or printed form satisfied if the information is rendered or made available in electronic form and is accessible so as to be usable for subsequent reference. No notarisation or government approval is mentioned. The paper-only view ignores this deeming rule.

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