However, it is uncertain whether this will always be the standard or whether a better standard will be developed in the future. In anticipation of this latter possibility, several other electronic signature laws outside of India have opted for a technology neutral approach. The IT Act provides that any forms, applications or other documents that, under law, must be filed with a Government agency can be submitted in an electronic form, provided they follow such procedures as set forth by the Government. Similarly, the issuance of licenses or permits, as well as the receipt or payment of money, provided for under law, may be completed in electronic form. The inclusion of such provisions in the IT Act provides the potential for persons in India to files various official documents, including tax forms, in electronic format.
Many laws require certain records to be maintained for a specified time period.
Under the IT Act, electronic records may be used to satisfy such laws requiring the retention of contracts or records relating to a transaction. In addition, the IT Act provides that the retained electronic record must represent accurately the information originally created and must remain appropriately accessible for subsequent reference. The IT Act also contains certain provisions related to the identity of the parties conducting electronic transactions. These attribution provisions will work to minimize fraud and to safeguard the identities of those conducting business electronically. In order to be a issued a license to act as a Certifying Authority, a person must present an application to the Controller and meet certain qualifications.