Vitiation of Consent in Digital Contracts: A Critical Analysis of Cyber Fraud, Misrepresentation, and Online Financial Scams under Sections 17 and 18 of the Indian Contract Act, 1872”

Runjhun

doi:10.69968/ijisem.2026v5i238-46

Authors

Runjhun Assistant Professor, Agnel School of Law, Vashi, Navi Mumbai, Affiliated to University of Mumbai & Approved by Bar Council of India.

DOI:

https://doi.org/10.69968/ijisem.2026v5i238-46

Keywords:

Digital Contracts, E-contract, Cyber Fraud, Misrepresentation, Financial Scams

Abstract

The dynamic nature of the digital transaction has had a strong impact on establishing new contractual relationships, which is associated with difficult legal questions about consent validity. This review paper examines the concept of vitiation of consent in digital contracts with specific reference to fraud and misrepresentation under Sections 17 and 18 of the Indian Contract Act, 1872. It discusses the history of e-contracts, their key components and other types including click-wrap, browse- wrap and email contracts. The paper underscores the distortion of free consent in the virtual world by cyber fraud, online money scams, and malicious online practices. By analyzing existing legal provisions, including the Information Technology Act, 2000 and the Indian Evidence Act, 1872, the paper identifies gaps in addressing emerging digital risks. An analysis of current literature also demonstrates the lack of proper consumer protection and enforcement procedures. The paper highlights that more powerful regulatory frameworks and greater awareness is needed to promote fair, transparent, and legally valid digital contracting practices.

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