Is an electronic signature legal in India?

What counts as an electronic signature in India

The IT Act defines an electronic signature as the authentication of an electronic record by a subscriber using a technique specified in the Second Schedule, which includes digital signatures. Under section 3A(2), a technique is reliable if the signature data is linked to the signatory and to no other person, was under the signatory's sole control at the time of signing, and any later change to the signature or the signed information is detectable.

This is narrower than the technology-neutral approach of the US or EU. The Second Schedule lists the recognised techniques, and the Central Government can add to or remove techniques by notification.

Where simple e-signatures fit

Section 10A confirms that contracts formed by electronic means are not unenforceable for that reason alone. Parties can agree NDAs, service agreements and commercial terms with click-to-accept or typed or drawn signatures and rely on the ordinary law of contract and evidence to show that the parties agreed.

The trade-off is that such a signature may not benefit from the statutory treatment given to Second Schedule signatures. If a statute specifically requires a document to be signed, or if you expect to need strong proof in court, consider a Second Schedule method such as a Digital Signature Certificate.

Documents the IT Act does not cover

Section 1(4) says the Act does not apply to documents or transactions specified in the First Schedule. As substituted by the 2008 amendment, it lists negotiable instruments (other than cheques), powers of attorney, trusts, wills and other testamentary dispositions, and contracts for the sale or conveyance of immovable property or any interest in it.

The Central Government can amend the First Schedule by notification, so check the current version on India Code before relying on this list for a specific document. Registration and stamp duty rules for property and certain other documents also apply separately.

Practical tips for businesses in India

For everyday commercial contracts, keep evidence of who signed and when: send each request to a verified email address, keep the final PDF with its audit trail, and record the signer's consent to sign electronically.

eSignSimple provides simple electronic signatures with an audit trail that records timestamps, IP addresses and a document hash. It does not issue qualified, advanced or certificate-based signatures, so where a law requires one of those you will need a licensed or accredited provider.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.