31. Electronic Record

Electronic Record

Definition under IT Act, 2000

According to Section 2(1)(t) of the Information Technology Act, 2000, an electronic record means:

“Data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche.”

In simple words, an electronic record is any information created, stored, sent, or received digitally using computers, mobile phones, or any other electronic device.


Examples of Electronic Records

  1. Emails – Written communications exchanged over the internet.
  2. PDF or Word Documents – Digitally created or scanned files (e.g., digital contracts, resumes).
  3. E-invoices – Bills sent and stored electronically (e.g., GST invoices).
  4. Online Bank Statements – Monthly statements downloaded from net banking.
  5. E-Governance Records – Aadhaar data, e-passports, e-court documents.
  6. WhatsApp Messages – Text or media exchanged over messaging apps.
  7. Scanned Images of Paper Documents – Uploaded and stored in digital format.
  8. Multimedia Files – Digital audio, video recordings, CCTV footage.

Legal Recognition of Electronic Records

Under Section 4 of the IT Act:

If any law requires a record to be in writing, that condition is fulfilled if the record is in electronic form and is accessible for future use.

This means electronic records are legally valid and enforceable, just like paper records, provided they are authentic and retrievable.


Features of Electronic Records

  • Digitally Created or Stored – No physical form like paper.
  • Quickly Transmissible – Can be shared online or via email instantly.
  • Time-stamped – Often contain metadata like time, date, and author.
  • Editable and Searchable – Easy to update and find through search tools.
  • Secure or Vulnerable – Can be encrypted but also at risk of tampering or cyberattacks.

Benefits

  • Saves time and cost (no printing or physical storage)
  • Reduces paperwork
  • Enables fast data sharing and processing
  • Environmentally friendly
  • Makes legal and official processes efficient (e.g., digital courts)

Challenges

Legal Acceptance in Some Cases – Courts may require digital signatures or certifications.

Security Concerns – May be hacked or altered.

Authenticity & Integrity – Must prove it hasn’t been tampered with.

Access Control – Only authorized people should access sensitive records.

Long-Term Preservation – Needs regular backup and format migration.

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