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Section 12: Acknowledgment of receipt

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000
Section 11 All 90 Sections of Information Technology Act Section 13

Legal Commentary & Landmark Judgments: Section 12

Section 12 regulates the acknowledgment of receipt of electronic records, setting out the procedure and legal consequences where the originator has requested or agreed with the addressee that receipt of the record must be formally acknowledged.

  • Contractual or Unilateral Acknowledgment Clauses: Applies where the originator stipulates that the electronic transmission requires an express acknowledgment of receipt before legal consequences attach.
  • Modes of Acknowledgment: Permits acknowledgment through any communication by the addressee, automated or manual, or any conduct sufficient to indicate to the originator that the record was received.
  • Legal Presumption of Non-Dispatch Upon Failure: Provides that if the originator stipulates receipt is conditional on acknowledgment and none arrives within the agreed time, the record is treated as never sent.
Key Landmark Precedents:
  • SIL Import v. Exim Aides Silk Exporters (1999) 4 SCC 567: Supreme Court held that automated delivery receipts and electronic confirmations constitute valid statutory acknowledgment of service under commercial statutes.
  • C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555: Supreme Court recognized that electronic delivery logs and return receipts trigger statutory presumptions of service under Section 27 of the General Clauses Act.
  • Harsh Kohli v. State (NCT of Delhi) 2013 SCC OnLine Del 3918: Delhi High Court affirmed that automated read-receipts and delivery confirmations satisfy Section 12 acknowledgment requirements in commercial disputes.
Courtroom Practice & Strategic Litigation Guidance:

When drafting critical digital notices, expressly stipulate that receipt is conditional upon an electronic acknowledgment under Section 12; if no acknowledgment is received within the designated timeframe, serve a formal paper copy to avoid a finding that the record was never dispatched.

Section 11 All 90 Sections of Information Technology Act Section 13