By Nakshatra Gujrati
The views expressed are personal
These days businesses like Jio mart, Samsung, Big bazaar solicit their services on Whatsapp. At the same time Whatsapp has a feature to delete the message for receipent within an hour. Does it come within the ambit of IT ACT 2000 Section 13?
IT act was brought into the picture to facilitate and proliferate the e-commerce sector in India. Section 13 of the Information Technology act 2000 talks about “Time and place of despatch and receipt of an electronic record.”
The bare reading of section 13 (1) can be done as – “Save as otherwise agreed to between the originator and the addressee, the despatch of an electronic record occurs when it enters a computer resource outside the control of the originator.”
Note that the provision explicitly mentions that the despatch only occurs when it enters a computer resource outside the control of the originator and since the originator has control so it cant be said that despatch of record has occurred unless stated otherwise.
Since the originator has now gained control over the electronic records in some cases, but for a limited time after which the originator will lose control over it.
So, this doesn’t mean that altogether they are outside the purview of the IT act 2000.