Chapter IV – IT Act, 2000: Attribution, Acknowledgment and Despatch of Electronic Records

Introduction 

The digital revolution has fundamentally transformed how individuals, businesses, and governments communicate and transact. As electronic records increasingly substitute traditional paper-based correspondence, the law must address a critical question: who sent this record, was it received, and when and where did these events legally occur? 

• Chapter IV of the Information Technology Act, 2000 answers precisely these questions. Comprising Sections 11, 12, and 13, this chapter establishes the legal rules governing the attribution of electronic records to their originators, the acknowledgment of their receipt, and the time and place of their despatch and receipt. 

Section 11 — Attribution of Electronic Records 

• Attribution is the legal mechanism by which an electronic record is traced back to its originator.  
• Section 11 provides that an electronic record shall be attributed to the originator in three circumstances: 
• (a) if it was sent by the originator himself; 
• (b) if it was sent by a person who had the authority to act on behalf of the originator in respect of that electronic record; or 
• (c) if it was sent by an information system programmed by or on behalf of the originator to operate automatically. 
• The significance of clause (c) cannot be overstated in today's context. Automated systems — from trading algorithms to server-generated responses — routinely send electronic records without direct human intervention.  
• By bringing such systems within the scope of attribution, Section 11 ensures that originators cannot escape legal responsibility simply because a machine, rather than a human, transmitted the record on their behalf.

Section 12 — Acknowledgment of Receipt 

• Section 12 governs how acknowledgment of an electronic record may be given and what legal consequences follow from the presence or absence of such acknowledgment. 
• Sub-section (1) provides that where the originator has not stipulated a particular form or method for acknowledgment, it may be given by any communication from the addressee — automated or otherwise — or by any conduct sufficient to indicate that the record was received. 
• Sub-section (2) addresses the situation where the originator has made acknowledgment a condition for the record to become binding. In such cases, if acknowledgment is not received, the electronic record is deemed to have never been sent. This is a powerful protective provision — it prevents an originator from being legally bound by a communication the addressee has not confirmed receiving. 
• Sub-section (3) covers cases where no such condition was stipulated but acknowledgment is still awaited. Here, if no acknowledgment is received within the agreed or reasonable time, the originator may: give notice to the addressee; specify a further reasonable deadline for acknowledgment; and if acknowledgment still does not arrive, treat the electronic record as though it was never sent. 
• This three-tiered structure under Section 12 balances the interests of both parties — protecting originators from uncertainty while ensuring addressees are given fair opportunity to respond.

Section 13 — Time and Place of Despatch and Receipt 

• Section 13 resolves one of the most practically important questions in electronic contracting: when and where was the message legally sent and received? 
• Despatch (Sub-section 1): An electronic record is despatched when it enters a computer resource outside the control of the originator — an objective, determinable moment that does not depend on the addressee's actions. 
• Receipt (Sub-section 2): The time of receipt depends on whether the addressee has designated a specific computer resource. If yes, receipt occurs when the record enters that designated resource; if the record lands elsewhere, receipt occurs when the addressee retrieves it. If no resource has been designated, receipt occurs when the record enters any computer resource of the addressee. 
• Place (Sub-section 3): The record is deemed despatched from the originator's place of business and received at the addressee's place of business — regardless of where the physical server or computer resource is located. Sub-section (4) makes clear that this rule applies even if the computer resource is situated in a different location. 
• Sub-section (5) further clarifies that where multiple places of business exist, the principal place governs; where none exists, the usual place of residence applies; and for a body corporate, this means the place of registration.

Conclusion 

Chapter IV of the IT Act, 2000 provides a clear, coherent, and technology-neutral framework for resolving legal disputes arising from electronic communications. By establishing definitive rules on attribution, acknowledgment, and the time and place of despatch and receipt, Sections 11 to 13 create a reliable foundation for digital contracting and accountability. As automated communications and cross-border digital transactions proliferate, these provisions will only grow in legal and commercial importance.