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Are digital signatures equivalent to physical signatures under Indian law?

Legally Recognized Under the IT Act

  • Digital signatures are recognized as legally equivalent to physical (handwritten) signatures under the Information Technology Act, 2000.
  • The Act provides the legal framework for the use of digital signatures in electronic records and communication.
  • A valid Digital Signature Certificate (DSC) issued by a licensed Certifying Authority is legally binding.
  • Such signatures hold the same enforceability as manual signatures.
  • They are accepted in courts and for official purposes.

Requirements for Validity

  • To be considered equivalent, the digital signature must be generated using an approved algorithm and a secure private key.
  • It must be uniquely linked to the signer and capable of identifying them.
  • The data signed must be unaltered and tamper-proof post-signing.
  • The signer must have sole control over the private key used.
  • The certificate must not be expired, revoked, or invalid.

Permitted in Most Legal and Official Transactions

  • Digital signatures are valid for signing contracts, declarations, agreements, forms, and official filings.
  • They are accepted in corporate governance, taxation, intellectual property filings, and regulatory compliance.
  • Government portals and departments use digital signatures for authentication and communication.
  • They enable paperless workflows and remote documentation.
  • Exceptions exist for certain types of documents that require manual signatures.

Exclusions Defined by Law

  • Some documents are excluded from being signed digitally under Indian law.
  • These include wills, trusts, negotiable instruments, and powers of attorney.
  • These documents must be signed in physical form unless otherwise allowed.
  • The exclusion ensures higher scrutiny and witnesses for sensitive personal matters.
  • Always verify specific requirements before relying on a digital signature for such documents.

Admissibility in Legal Proceedings

  • Digital signatures are admissible as evidence under the Indian Evidence Act, 1872.
  • Courts accept digitally signed records if their authenticity can be proven.
  • Audit trails, timestamps, and certificate chains strengthen their legal validity.
  • The burden of proof rests on the signer if authenticity is challenged.
  • DSCs add a layer of legal protection and accountability in digital transactions.

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