ABSTRACT
The fast digital revolution has completely changed how people and companies conduct business and this demands a serious reconsideration of the traditional principles of contract law. The foundational element in this change is the doctrine of the offer and acceptance which is enshrined in the Indian Contract Act, 1872. This paper embarks on a quest to explore the intricacies of how these fundamental principles are being transformed with the advent of the digital age where transactions are instant, automated and more often than not transnational. One area of concern is the importance of the Information Technology Act, 2000, that provides the legal status to electronic contracts and digital signatures thus providing a legal platform to online transactions. Questions are left, however, as to whether it suffices in handling more complicated matters of digital consent, particularly in the case of click-wrap and browse-wrap agreements, where user assent is not necessarily evident. The paper also discusses the evidentiary issues under the Bharatiya Sakshya Adhiniyam, 2023, especially on the question of admissibility of electronic records that still present barriers to judicial proceedings. By scrutinizing the key Supreme Court decisions, this paper demonstrates the developing jurisprudence on digital contracting and considers that, despite the achieved success, the doctrinal clarity and legislative change are needed in order to provide fairness and legal certainty in the digital marketplace.
Kothary, Manav and Negi, Adv Ms Niharika, The Evolution of the Offer and Acceptance Doctrine in the Digital Age: A Critical Analysis under the Indian Contract Act and the IT Act (October 1, 2025), https://www.legalserviceindia.com/Legal-Articles/the-evolution-of-the-offer-and-acceptance-doctrine-in-the-digital-age-a-critical-analysis-under-the-indian-contract-act-and-the-it-act/.
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