Are electronic signatures legal in India?

What does the IT Act 2000 require?

The Information Technology Act, 2000 was amended in 2008 to move from a digital-only model to a technology-neutral one. Section 3 still covers digital signatures made with asymmetric cryptography and a hash function. Section 3A, added in 2008, allows any electronic signature or authentication technique that is reliable and listed in the Second Schedule. The Second Schedule currently lists eSign, an online signature service that uses Aadhaar e-KYC to identify the signer.

Section 5 says that where a law requires information to be authenticated by a signature, the requirement is met by an electronic signature affixed in the manner the central government prescribes. Section 10A says a contract is not unenforceable just because it was formed using electronic records. Section 1(4) and the First Schedule set out what the Act does not cover.

The practical reading most Indian lawyers give is this: where a statute requires a signature, use a DSC or Aadhaar eSign. Where no statute requires a signature, which is true of most commercial contracts under the Indian Contract Act, 1872, a simple electronic signature can form a binding contract, and the question becomes one of proof.

Digital signature certificates and licensed certifying authorities

India runs a licensed public key infrastructure. The Controller of Certifying Authorities, under the Ministry of Electronics and Information Technology, licenses certifying authorities under section 24, and they issue digital signature certificates to individuals and organisations after identity checks. The same licensed authorities provide eSign.

A DSC is what company filings with the Ministry of Corporate Affairs expect, and DSC or eSign is the standard for most government portals. A simple electronic signature through an ordinary signing platform is not one of the Second Schedule methods, so it will not satisfy a statutory signature requirement under section 5.

What have the courts said about electronic evidence?

Most Indian disputes about e-signed documents turn on admissibility. In Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal (2020) the Supreme Court held that the certificate under section 65B(4) of the Indian Evidence Act, 1872 was a condition for admitting secondary electronic evidence. The Bharatiya Sakshya Adhiniyam, 2023 replaced the Evidence Act from 1 July 2024 and carries the certificate requirement forward in section 63.

If you may need to rely on an e-signed contract in court, plan to produce the electronic record with the certificate the Adhiniyam requires, from someone responsible for the system it came from. Stamp duty is a separate issue: many agreements must be stamped under state stamp laws, and an e-signature does not change that, though most states now offer e-stamping.

What is excluded under the First Schedule?

The Act does not apply to these documents, so they still need ink and, where required, registration:

• Negotiable instruments under the Negotiable Instruments Act, 1881, other than cheques
• Powers of attorney under the Powers of Attorney Act, 1882
• Trusts under the Indian Trusts Act, 1882
• Wills and any other testamentary disposition
• Any contract for the sale or conveyance of immovable property or any interest in it

Where Sign PDF fits

Sign PDF is a simple electronic signature tool. Each signer confirms a six-digit code sent to their email, agrees to sign electronically and signs in the browser; the certificate of completion records their name, email, IP address, approximate location, device and UTC times, with a SHA-256 fingerprint and a hash-chained audit trail. The PDF is sealed with an independent DigiCert timestamp. Keep that certificate and the sealed file together, because they are what you will use to support the Adhiniyam certificate if the contract is ever challenged.

We do not issue DSCs and we do not offer Aadhaar eSign, so Sign PDF is not the right tool where a statute requires a signature under section 5, for MCA or tax filings, or for anything on the First Schedule. It suits NDAs, offer letters, freelance and consultancy agreements, service contracts and purchase orders, provided stamp duty is handled where it applies. This page is general information, not legal advice; ask an Indian advocate about high-value or regulated documents.