Section 6 IT Act: Delivery of services by service provider

Section 6 of Information Technology Act: Delivery of services by service provider

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Where any law provides for—

(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;

(b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner;

(c) the receipt or payment of money in a particular manner,

then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.

Legal Commentary & Landmark Judgments: Section 6

Section 6 authorizes the delivery of public services through electronic governance, permitting the filing, creation, retention, and issuance of licenses, permits, sanctions, and approvals in electronic form across all Ministries, government departments, and statutory bodies.

Electronic Filing of Statutory Forms: Authorizes citizens and corporations to submit statutory applications, returns, and petitions in electronic form to any government office or authority.
Electronic Issuance of Government Approvals: Empowers statutory authorities to issue, grant, or deliver licenses, permits, sanctions, and certificates in digital format authenticated by official electronic signatures.
Electronic Payment and Receipt of Fees: Permits the receipt, collection, and disbursement of government revenues, statutory fees, and penalties through authorized digital payment gateways.

Key Landmark Precedents:

Pooja Menghani v. Union of India 2014 SCC OnLine Del 4490: Delhi High Court held that government departments utilizing digital recruitment and licensing portals must strictly adhere to Section 6 standards, prohibiting arbitrary offline disqualifications.
Union of India v. Association for Democratic Reforms (2002) 5 SCC 294: Supreme Court recognized the transformative constitutional significance of electronic governance and digital public disclosures in public administration.
S.P. Sampath Kumar v. Union of India (1987) 1 SCC 124: Supreme Court recognized that institutional modernization through digital processes must maintain procedural fairness and uncompromised access to justice.

Courtroom Practice & Strategic Litigation Guidance:

When challenging administrative rejection of an electronic tender or statutory return, invoke Section 6 to demonstrate that the digital submission conformed to statutory electronic governance norms, shifting the burden onto the department to show technical non-compliance.

Section 6: Delivery of services by service provider

Section 6 of Information Technology Act: Delivery of services by service provider

Legal Commentary & Landmark Judgments: Section 6