Are eSignatures Legally Binding in India?

In India, electronic signatures hold legal validity and are acknowledged under the Information Technology Act (ITA) of 2000, the Indian Contract Act (ICA), and the Electronic Signature or Electronic Authentication Technique and Procedure Rules (ESEATPR) of 2015. These laws define the criteria for a legally recognised e-signature, specify documents that cannot be signed electronically, establish the requirements for all contracts, and clarify if stamp duty applies to electronic transactions.

Documents that can be signed electronically

In India, many types of documents can be signed using an electronic signature, although certain exceptions are specified in the First Schedule of the ITA, which we will discuss below.

Documents that may not be electronically signed

In India, some transactions are not permitted to use electronic signatures, including:

Trust deeds
Powers of attorney
Negotiable instruments, such as promissory notes or bills of exchange (excluding cheques)
Contracts involving the sale or transfer of immovable property or any related interest
Wills and other testamentary documents

Types of e-signature permitted in India

Under the ITA, an electronic signature is defined as the “authentication of an electronic record by a subscriber using the electronic technique referred to in the Second Schedule, which includes a digital signature.” For an e-signature to be legally valid in India, it must be deemed “reliable” and employ an authentication method outlined in the Second Schedule.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in India

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