International Journal For Multidisciplinary Research

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Legal aspect of Click-Wrap and Browse-Wrap Agreements in India: A Comparative Analysis and the Way Forward

Author(s) Mr. Sanjay Singh Rawat, Ms. Mahima Anand, Ms. Simran Bharti, Mr. Virendra Kumar, Ms. Nidhi Mehta
Country India
Abstract The digital transformation of commerce has necessitated novel mechanisms for contract formation, with click-wrap and browse-wrap agreements emerging as dominant instruments in e-commerce. These agreements form the backbone of online transactions but remain ambiguously positioned within India's legal framework. Unlike jurisdictions such as the European Union and the United States, which have developed comprehensive regulatory architectures, India relies upon scattered provisions within the Indian Contract Act, 1872 and the Information Technology Act, 2000. This paper undertakes a comprehensive analysis of the enforceability of click-wrap and browse-wrap agreements in India through examination of judicial precedents, statutory provisions and comparative jurisprudence. The research identifies critical lacunae in the existing legal framework, including inadequate consumer protections and absence of specific statutory guidance on digital consent mechanisms. The paper proposes a multi-layered reform approach incorporating principles of transparency, informed consent, substantive fairness drawn from international best practices, etc., whilst maintaining contextual applicability to the Indian legal ecosystem. The study concludes that while Indian courts have demonstrated willingness to enforce digital contracts, the absence of comprehensive legislative guidance creates persistent uncertainty, necessitating proactive legal reform to balance commercial efficiency with consumer protection.
Keywords Click-wrap agreements, Browse-wrap agreements, E-contracts, Indian Contract Act, Information Technology Act, Consumer Protection, Digital Consent, Enforceability
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 1, January-February 2026
Published On 2026-01-19
DOI https://doi.org/10.36948/ijfmr.2026.v08i01.66948
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