The Information Technology Act is primarily based on United Nations Commission on International Trade Law (UNICTRAL) model law on electronic commerce. It mainly aims to provide for the legal infrastructure for e-commerce and digital documentation in India. The Information Technology Act has tried to assimilate the legal principles available in other laws relating to information technology law relating to information technology enacted earlier in several other countries.[1] An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other mean of electronic communication is commonly referred as "electronic commerce”.[2] It involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.[3]

ORIGINATOR AND ADDRESEE

As in normal contracts we have a promisor and a promisee, in digital contracts we have an originator and addressee. Article 4 (d) of the United Nations Convention On use of electronic communication in international contracts defines originator as “Originator of an electronic communication, means a party by whom, or on whose behalf, the electronic communication has been sent or generated prior to storage,   if   any,   but   it   does   not   include   a   party   acting as   an   intermediary   with respect to that electronic communication”;[4]

Whereas Section 2 (Z) (a) of information technology act defines originator as "originator" means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or  transmitted to any other person but does not include an intermediary;  article 4 (e) of United Nation Convention on use of electronic communication in international contracts defines addressee as a part who is intended by the originator to receive the electronic communication, but  does not include a party acting as an intermediary with respect to that electronic communication.[5]

According   to   Section   2(1) (b)  of   the   IT   Act, an Addressee   means   a person who is intended by the originator to receive the electronic Record but does not include any intermediary.[6]