Information Technology Act Section 12 — Acknowledgment of receipt
CHAPTER IV ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
Cyber Law
Summary
Sub-section (1) explains what counts as an acknowledgment of receipt when the sender has not specified any particular form or method for it. In that situation, the acknowledgment can be given in two ways: through any communication from the receiver, whether automated or not, or through any conduct by the receiver that is enough to show the sender that the electronic record has been received.
Sub-section (2) covers the situation where the sender has stated that the electronic record will only be binding on the sender once the sender receives an acknowledgment of it. In that case, if no such acknowledgment is received, the electronic record is treated as if it was never sent by the sender at all.
Sub-section (3) deals with the situation where the sender has not made the electronic record binding only on receipt of an acknowledgment, but the acknowledgment has still not arrived within the time that was specified or agreed upon, or, if no time was specified or agreed upon, within a reasonable time. In that situation, the sender may send a notice to the receiver stating that no acknowledgment has been received and giving a reasonable time by which the acknowledgment must be received. If no acknowledgment is received within that time limit, the sender may, after giving notice to the receiver, treat the electronic record as though it was never sent.
Official Text
(1) Where the originator has not 3[stipulated] that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by—
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.
(2) Where the originator 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 he deemed to have been never sent by the originator.
(3) Where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgment, 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.