Legal status
Electronic bills of lading in India
India has no statute in force that gives electronic bills of lading the same legal effect as paper; the Directorate General of Foreign Trade published a draft Digital Trade Facilitation Bill, 2026 for public comment on 9 February 2026.
- Status
- Consultation
- Instrument
- The Digital Trade Facilitation Bill, 2026 (draft)
- MLETR-based
- Not established
- Enacted
- —
- In force since
- —
- Scope
- The draft bill would apply to electronic trade documents listed in its First Schedule, which is blank in the consultation draft, so it is not yet confirmed that bills of lading are covered; it would also amend the Negotiable Instruments Act 1881 to cover promissory notes, bills of exchange and cheques in electronic form and omit the negotiable-instrument exclusion (Sl. No. 1) from the First Schedule to the Information Technology Act 2000. The Bills of Lading Act 2025 in force does not mention electronic bills of lading.
In more detail
The draft would recognise electronic trade documents, treat control by a reliable method as possession, and allow change of medium between paper and electronic form, in terms close to the UNCITRAL Model Law on Electronic Transferable Records, though it does not name the Model Law. The Bills of Lading Act 2025 (Act No. 18 of 2025), in force since 10 September 2025, replaced the Indian Bills of Lading Act 1856 but contains no provision on electronic form. India is not listed on the UNCITRAL Model Law status page.
What remains unclear
No Cabinet approval or introduction in Parliament of the draft Digital Trade Facilitation Bill, 2026 had been found by 16 October 2026, after a 30-day consultation that opened on 9 February 2026. The draft's First Schedule, which will list the documents covered, is blank, so it is not yet clear whether bills of lading will be included. No primary source found settles whether the Information Technology Act 2000 alone allows an electronic bill of lading to operate as a document of title.
Sources
- The Bills of Lading Act, 2025 (Act No. 18 of 2025)India Code, Legislative Department, Government of India · published 24 Jul 2025 · accessed 16 Oct 2026supports: status, scope, summary
- Notification S.O. 4720(E) amending the First Schedule to the Information Technology Act, 2000Ministry of Electronics and Information Technology (Controller of Certifying Authorities), Government of India · published 26 Sept 2022 · accessed 16 Oct 2026supports: scope
- Trade Notice No. 24/2025-26: Request for comments on the draft of 'The Digital Trade Facilitation Bill, 2026'Directorate General of Foreign Trade, Ministry of Commerce and Industry, Government of India · published 9 Feb 2026 · accessed 16 Oct 2026supports: status, instrument, MLETR basis, scope, summary
- Status: UNCITRAL Model Law on Electronic Transferable Records (2017)UNCITRAL · accessed 16 Oct 2026supports: MLETR basis, summary