E-signature and Its Validity as per Indian Law

Are E-signatures Legal in India? Here’s What You Should Know (With 2023 Law Update)

These days, everything’s moving online — meetings, payments, documents... and now even signatures. Most people don’t want to print and sign papers anymore. You just open the file, click to sign, and send it back.

But then comes the question:
“Is this really legal? Will this hold up in court if needed?”

The answer is: yes, it’s legal — but only if you’re doing it the right way.

Let’s walk through what Indian law says about e-signatures, especially with the new Evidence Act that came in recently.

Which laws make e-signatures valid in India?

Two main laws cover this:

1. The Information Technology (IT) Act, 2000, and
2. The Bharatiya Sakshya Adhiniyam, 2023 (the new Evidence Act)

These laws say that signing something digitally can be just as valid as putting ink on paper — as long as you follow a proper process.

✅ What the IT Act says

This law came in back when India first started going digital. Here are a few things it covers:

• Section 3: Digital documents are considered legal.
• Section 3A: Electronic signatures are valid if they meet some conditions.
• Section 5: Digital signatures are allowed for official use.
• Section 10A: Even if you form a contract online (like clicking “I agree” or signing digitally), it still counts.

In short: as long as the person signs using a proper method, and you can prove they signed it, it’s legal.

✅ What the new Evidence Act (2023) says

The old Evidence Act was over 100 years old — this new one is built for today’s digital world.

Here’s how it supports e-signatures:

• Section 61: Digital files are valid as evidence.
• Section 63: If you submit a digital document in court, you’ll need to show how it was made and prove it wasn’t changed.
• Section 66: To prove a digital signature, you can use the details from the signature provider.
• Sections 85B & 85C: If a document is signed properly with a valid digital signature, courts will assume it’s genuine unless someone proves otherwise.
• Sections 90 & 93: If a digital record is more than 5 years old and looks clean, courts may treat it as authentic.

So, digital contracts, invoices, agreements — all of these are acceptable in court, if signed correctly.

What makes an e-signature legally valid?

Not all e-signs are equal. Just dragging your signature image into a PDF doesn’t make it valid.

Here’s what makes it legal:

• The signer’s identity can be confirmed
• The person agreed to sign
• The file hasn’t been tampered with
• There’s a proper record or audit trail
• The signing happened through an approved method like Aadhaar eSign or a DSC (Digital Signature Certificate)

If you’ve got all that, then yes — the e-signature will be accepted by law.

How do you e-sign something the right way in India?

Here’s a simple step-by-step:

1. Pick a trusted e-sign provider — like eMudhra, NSDL, or any government-approved platform.
2. Verify the signer’s identity — usually done with Aadhaar OTP or a digital signature token.
3. Sign the document using the platform.
4. Let the platform record the time, IP address, and other audit data.
5. Keep a copy of the signed document for your records.

If you’re using something like LegalParihar, all of this is handled for you. You can even get e-notarization done without stepping out.

Is there a difference between electronic and digital signatures?

Yes, and it’s a useful one to know.

• Electronic Signature: This is a general term. It could be you typing your name or clicking “accept”. Not always secure.
• Digital Signature: This is a more secure type of e-sign. It’s done using encryption, backed by a certificate, and fully approved under Indian law.

For serious documents like contracts or compliance filings, use a digital signature.

What is a secure e-signature under Indian law?

According to the law, a secure e-signature:

• Is only used by the person who’s supposed to sign
• Can be traced back to that person
• Breaks or fails if the document is changed later
• Can be verified through an official system

The courts usually treat these kinds of signatures as valid, unless someone brings proof to say otherwise.

FAQs – Quick answers to common doubts

Q1. Can I sign a contract online and use it in court?

Yes. If you use Aadhaar eSign or a DSC, that contract is fully legal.

Q2. Which documents still need physical signatures?

You can’t use e-signatures for:

• Wills
• Trust deeds
• Power of attorney
• Property sale agreements
• Cheques or promissory notes

Q3. How do I know if my e-sign is valid?

If it was done through a licensed provider and has an audit trail, it’s valid.

Q4. Aadhaar eSign vs DSC — what’s better?

Both are legal. Aadhaar eSign is quicker and OTP-based. DSCs are more secure and used for formal filings.

Q5. Do e-signatures expire?

Not the signature itself, but the digital certificate used to create it does — usually after 1 to 3 years.

Q6. Who controls e-signing systems in India?

The Controller of Certifying Authorities (CCA) checks and approves all licensed providers.

Q7. Can I use e-signs for job offers and employee forms?

Absolutely. It’s now common to use e-signing for HR paperwork, NDAs, and joining documents.

Q8. What if someone says they didn’t sign it?

If you’ve used a verified system, there’ll be logs, timestamps, and identity proof. That holds weight in court.

Q9. Can someone change the document after signing?

No. Proper systems will lock the file. If anyone edits it, the signature breaks.

Q10. Is it safe to keep e-signed files in the cloud?

Yes, if the cloud service is secure. Just make sure to enable backups and restrict access.

Final Thoughts – E-signing is 100% legal (if you do it right)

So, here’s the deal: if you’re using a proper platform and following the right steps, e-signatures are completely valid under Indian law.

Thanks to the IT Act and the new Evidence Act, digital documents now carry the same weight as signed paper — in business, in court, everywhere.

And if you want to avoid the tech headache, LegalParihar makes it simple. You can sign documents online, verify identity, and even get them e-notarized — all in one place.

No printing. No scanning. No delays.

Just click, sign, and move on.