📄 Abstract
The way we form commercial agreements has completely transformed. Today, modern business runs on the “digital handshake”—clicks, email exchanges, and electronic signatures—rather than physical paper and wet-ink signatures. This research paper examines how electronic contracts are legally enforced within the Indian jurisdiction. It explores how the traditional principles of the Indian Contract Act, 1872, apply to virtual agreements, with the Information Technology Act, 2000, acting as the crucial legal bridge. The study breaks down common formats like clickwrap, browsewrap, and shrinkwrap contracts, analyzing their real-world validity and fairness. Moving beyond legal theory, the paper tackles the practical courtroom challenges of proving digital consent. It specifically analyzes the impact of the newly implemented Bharatiya Sakshya Adhiniyam, 2023 (BSA), on the admissibility of electronic records, hash values, and digital audit trails. By reviewing landmark judicial precedents—from corporate email disputes to casual WhatsApp negotiations—the paper highlights how Indian courts are adapting to rapid tech advancements. Ultimately, it argues for a shift from merely validating e-contracts to actively regulating them, pushing for stronger consumer protection against unfair clauses hidden in digital fine print.
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📚 How to Cite:
Mr. Sukhdev , THE DIGITAL HANDSHAKE: NAVIGATING THE ENFORCEABILITY OF E-CONTRACTS IN INDIA , Volume 12 , Issue 6, June 2026, EPRA International Journal of Multidisciplinary Research (IJMR) , Pages: 346 - 349 ,