Section 11 IT Act: Attribution of electronic records

Information Technology Act, 2000

Section 11 IT Act at a Glance

Section 11 IT Act states when an electronic record is attributed to (treated as sent by) its originator. Attribution applies if the record was sent by the originator, an authorised person, or an automated information system programmed for the originator.

Section 11 IT Act Bare Act Text

11. Attribution of electronic records.

An electronic record shall be attributed to the originator—

(a) if it was sent by the originator himself;

(b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or

(c) by an information system programmed by or on behalf of the originator to operate automatically.

Section 11 IT Act in Simple Words

Section 11 IT Act lays down when an electronic record (a term defined in Section 2 IT Act) is attributed to its originator, meaning when the law treats the electronic record as coming from that originator. Three situations are listed in the alternative ("or"), so meeting any one of the three is enough. Under Section 11(a) IT Act, an electronic record is attributed to the originator if the originator sent it directly. Under Section 11(b) IT Act, the electronic record is attributed to the originator if it was sent by a person who had authority to act on behalf of the originator specifically in respect of that electronic record.

Under Section 11(c) IT Act, an electronic record is also attributed to the originator if it was sent by an information system programmed by the originator, or programmed on behalf of the originator, to operate automatically. Because of Section 11(c) IT Act, automated messages generated and sent by a programmed system still count in law as sent by the originator. Section 11 IT Act opens Chapter IV of the IT Act, between Section 10A IT Act on electronic contract validity and Section 12 IT Act on acknowledgment of receipt.

When Section 11 IT Act Applies

  • Under Section 11(a) IT Act, the electronic record was sent directly by the originator.
  • Or under Section 11(b) IT Act, the electronic record was sent by a person who had authority to act on behalf of the originator in respect of that electronic record.
  • Or under Section 11(c) IT Act, the electronic record was sent by an information system programmed by or on behalf of the originator to operate automatically.

Example of Section 11 IT Act

Ritesh runs a wholesale stationery business in Hyderabad and hires a technician to programme Ritesh's ordering system on Ritesh's behalf so that it automatically sends an electronic confirmation record whenever stock is booked. Ayesha, a retailer in Hyderabad, places an order and receives an automated electronic confirmation record from that system. Ritesh later argues that the electronic record cannot be treated as sent by Ritesh because no human clicked to send it at that moment. Under Section 11(c) IT Act, because the electronic record was sent by an information system programmed on behalf of Ritesh to operate automatically, the electronic record is attributed to Ritesh as the originator.

FAQs on Section 11 IT Act

What is Section 11 IT Act?▼

Section 11 IT Act sets out when an electronic record is attributed to its originator, meaning treated in law as sent by the originator. It attributes an electronic record to the originator when sent directly by the originator, by a person authorised for that electronic record, or by an information system programmed by or on behalf of the originator to operate automatically.

Is an automated electronic message attributed to the originator under Section 11 IT Act?▼

Yes. Under Section 11(c) IT Act, an electronic record sent by an information system programmed by or on behalf of the originator to operate automatically is attributed to the originator.

When does an electronic record sent by a representative count as the originator's under Section 11 IT Act?▼

When the representative had authority for that electronic record. Under Section 11(b) IT Act, the sender must have had the authority to act on behalf of the originator in respect of that specific electronic record.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·