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2 Part 2 Indian J. Integrated Rsch. L. 1 (2022)

handle is hein.journals/injloitd3 and id is 1 raw text is: 

Indian Journal of Integrated Research in Law


SMART CONTRACTS: NEED OF MODERN LEGAL

                         FRAMEWORK


         Vishwa Shah & Kanishk Pandey, Institute Of Law, Nirma University






                             ABSTRACT

 In today's world everything is getting digitised and in the same manner the
 commerce  and trade is changing. Therefore, many of the developed nations
 have sought resort to smart contracts. Smart contracts are basically the e-
 contracts that work upon the blockchain technology wherein the contract
 upon  the fulfilment of certain conditions discussed prior to agreement are
 met. Smart contract but in today's legal framework in India are not accepted
 and recognised in coherence to any law which are today in function and
 operation. Indian Contract Act, 1872 which takes into consideration the
 working and execution of contract in India are still in dilemma in respect to
 adjudicating the smart contracts, also Indian Evidence Act, 1872 which talk
 about electronic record and its admissibility is reluctant about admission of
 the same because the blockchain is not recognised by the IT authority in
 India. Therefore, this paper calls for re-evaluation of laws to govern e-
 contracts.

 KEY   WORDS-   Smart Contracts, Blockchain Technology, Indian Contract
 Act, 1872, Indian Evidence Act, 1872, Electronic Record.


Page: 1


Volume II Issue IV I ISSN: 2583-0538