From Paper to Pixels: What is importance of theory of Functional Equivalence under IT Act and BSA 2023?

 Theory of Functional Equivalence in Indian Cyber Law, Information Technology Act, and Bharatiya Sakshya Adhiniyam

The theory of functional equivalence represents a foundational legal principle that ensures electronic records and transactions receive the same legal validity and treatment as their traditional paper-based counterparts. In the context of Indian cyber law, this principle serves as the cornerstone for digital transformation while preserving the integrity of existing legal frameworks.

Core Concept of Functional Equivalence

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Basic concept of Digital signature and Electronic signature

1) Concept of Electronic signature was introduced in Information Technology Act by Amendment Act 2009.

Statement of Objects and Reasons of Amendment Act 10 of 2009.-
The United Nations Commission on International Trade Law (UNCITRAL) in the Year 2001 adopted the Model Law on Electronic Signatures. The General Assembly of the United Nations by its Resolution No. 56/80, dated 12th December, 2001, recommended that all States accord favourable consideration to the said Model Law on Electronic Signatures. Since the digital signatures are linked to a specific technology under the existing provisions of the Information Technology Act, it has become necessary to provide for alternate technology of electronic signatures for bringing harmonisation with the said Model Law.

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Basic concept of cryptographic signatures

"Electronic signature" may sometimes mistakenly be used to refer to cryptographic signatures: a piece of data included with a message that uses cryptographic methods to assure, at the least, both message integrity and authenticity. Cryptographic signatures are themselves a common feature of many larger systems or standards for electronically "signing" a message or contract.
Another common term for cryptographic signature is digital signature; the similarity of the term to "electronic signature" can invite confusion, which is why for this article cryptographic is used.

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