TRANSFORMING LEGAL CONTRACTS: THE RELEVANCE OF BLOCKCHAIN TECHNOLOGY IN INDIA
S Jalan & Co
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Blockchain technology has emerged as a disruptive force across various sectors worldwide, and its impact on the legal landscape is profound. In India, where legal contracts play a crucial role in business transactions and governance, understanding the role of blockchain technology is paramount for legal professionals and businesses alike. Blockchain technology, at its core, is a decentralized, immutable ledger that records transactions across a network of computers. Each transaction, or “block” is linked to the previous one, creating a chain of blocks, hence the term blockchain. This technology offers several benefits that are particularly relevant to Indian laws and legal contracts. One of the key aspects of blockchain technology is its immutability. Once a transaction is recorded on the blockchain, it cannot be altered or deleted. In the context of legal contracts, this feature ensures transparency and trust in the integrity of agreements. In India, where contractual disputes are not uncommon, having an immutable record of contracts can streamline dispute resolution processes and reduce litigation.This technology also facilitates the use of smart contracts, which are self-executing contracts with the terms of the agreement directly written into code. Smart contracts automatically execute and enforce themselves when predefined conditions are met, eliminating the need for intermediaries and reducing the risk of fraud or manipulation. In India, where contractual enforcement can be a time- consuming and complex process, smart contracts powered by blockchain technology offer a more efficient and cost-effective alternative. The relevance of blockchain technology to Indian laws extends beyond contractual agreements. The technology’s decentralized nature ensures that no single entity has control over the network, thereby enhancing security and reducing the risk of data breaches or cyberattacks. This aspect is particularly significant in light of India’s increasing focus on data privacy and cybersecurity regulations, such as the Digital Personal Data Protection Act, 2023.The Government of India has demonstrated a strong interest in blockchain technology and its application in various sectors through initiatives like the release of the "National Strategy on Blockchain. by MeitY in December 2021. This strategy outlines plans to incorporate blockchain into areas such as healthcare, agriculture, finance, voting, and e-governance, with the goal of establishing a “National Blockchain Framework”. The aim is to develop a national-level infrastructure for blockchain, enabling the use of “Made in India” technology globally by 2027 and promoting convergence with other technologies like the Internet of Things, cloud computing, and Artificial Intelligence, collectively referred to as the “BICA Stack”. Despite past reservations about cryptocurrencies, the Reserve Bank of India is developing its own Central Bank Digital Currency (CBDC), the digital rupee, to be launched soon. The introduction of CBDC is expected to decrease reliance on physical cash, improve payment system efficiency, and mitigate risks associated with private virtual currencies. Blockchain technology is currently being implemented by the government for tasks such as land registration, issuing digital certificates,and customs duty payment. Additionally, regulatory bodies like the Telecom Regulatory Authority of India (TRAI) and the Securities and Exchange Board of India (SEBI) are actively involved in adopting blockchain within their respective sectors. At the local and state levels, governments are embracing blockchain adoption and integrating it into their governance structures. Nearly half of the states in India are engaged in blockchain-related initiatives. Notable examples include the New Town Kolkata Development Authority in West Bengal utilizing NFTs for land mutation, the municipal corporations of Durgapur and Bankura districts issuing blockchain-based legal documents like birth certificates, and Tamil Nadu Nambikkai Inaiyam & project aiming to provide citizens with a unique digital wallet consolidating essential documents. Similar initiatives are underway in other states, such as Karnataka’s Unified Land Management System. Additionally, the Uttar Pradesh Government, in collaboration with Polygon, has launched the “Firozabad Public Grievance Management System” an online portal based on blockchain technology to facilitate the filing and tracking of complaints transparently, safeguarding against potential tampering of records.The adoption of blockchain technology in India faces several legal and regulatory challenges. Indian laws and regulations pertaining to contracts, electronic signatures, and data protection may need to be updated to accommodate the unique characteristics of blockchain technology. Moreover, ensuring compliance with existing laws while harnessing the full potential of blockchain requires careful consideration and collaboration between legal experts, policymakers, and technologists. The potential of blockchain technology to transform legal contracts in India is undeniable. From streamlining contract management processes to enhancing transparency and trust in agreements, blockchain technology offers a promising solution to many of the challenges faced by legal professionals and businesses in India. In conclusion, as India continues to embrace digital transformation across various sectors, the role of blockchain technology in legal contracts is poised to become increasingly significant. By understanding and harnessing the potential of blockchain technology, Indian legal professionals and businesses can pave the way for a more efficient, secure, and transparent legal ecosystem in the country.