Introduction

In the recent years, rapid changes have occurred as old and conventional systems have been done
away to a great extent. In spite of these conventional methods still in play, the latest technology
has taken over by way of introducing electronic and digital methods. The Electronic Transaction
Ordinance, 2002, being the first IT relevant legislation created by the national lawmakers, was
promulgated with a view to provide recognition and facilitation of document, signatures etc. that
exist in an electronic form. By the virtue of the amendments brought about by ETO in the Qanun-
e-Shahadat order, documents that are signed or generated electronically were granted the same
legal protections as those that are signed with a pen. Despite this, the leading concerns among the
majority of paperwork handlers is whether these electronically executed documents are both
legally valid and admissible in the court of law.

Admissibility of Electronic Documents and Signatures

The admissibility of electronic documents and signatures is no longer a question that is left
unanswered by the national legislation. By the virtue of Section 3 and 7 of ETO, 2002, both
electronic documents and electronic signature were provided a legal recognition as admissible
evidences that should not be called into question merely because they exist in an electronic form.
Therefore, these electronic forms now constitute primary evidence by the virtue of express
legislation.

Article 78-A of QSO

Article 78-A of QSO was amended into the Order through Electronic Transaction Ordinance of
2002. It states that if an electronic document is alleged to be signed or to have been generated
wholly or in part by any person through the use of an information system, and where such
allegation is denied, the application of a ‘security procedure’ to the signature or the electronic
document must be proved. The said provision is deemed to have smoothened the procedure to
receive electronic evidences, subjected to the restrictions provided therein. 1 The restriction being
referred to is the application of the security procedure that has to be proved for admissibility of
such evidence, if the allegations are denied by the party.

1
2019 SCMR 1982
The security procedure has been defined in Section 2(x) of the ETO, 2002, as a procedure that
determines the authenticity and integrity of any electronic document that may require the use of
algorithms, codes, identifying words and numbers, encryption, answer-backs, acknowledgment
procedures, software, hardware or similar security devices. Furthermore, the term ‘security
procedure’ includes either of the following procedures:

 As agreed by the parties.

 Which is implemented in the normal course by a business and is reasonably secure and
reliable.
 In case of a certificate issued by a certification service provider, is specified in the
certification practice statement.

An evidence is inadmissible in Court if neither of the aforementioned security procedures are not
properly applied, as they are required to ensure reasonable safeguard against tampering in terms
of Article 78-A of QSO.2

2
2013 YLR 2294