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eSignature in India
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Electronic Signature in India
While many countries are still struggling with digital transformation, India has managed to make significant steps to simplify paper-based processes and allow the use of eSignatures. As a result, managing documents in India has become much easier for businesses and individuals.
Is eSignature legal in India?
Yes, you can sign your documents in India using a compliant eSignature platform and they will have the same legal effect as a handwritten signature. The Information Technology Act (IT Act) was passed in 2000 by the Indian parliament to address the issues of cybercrime and electronic commerce. This Act gave recognition to eSignature in India making it equal to a handwritten signature, provided it fulfills a number of requirements.
What are the requirements for a legally-binding eSignature in India?
According to the IT Act, eSignature is a method of signature that combines the Aadhaar Identity number with an electronic Know-Your-Customer method like a one-time passcode. These are the requirements imposed on this method:
There is an additional requirement in several Indian states, including Delhi, Maharashtra, and Karnataka, that certain electronic records must be stamped prior to or at the time of execution.
- eSignature must be uniquely linked to a signee.
- The signee must have control over the data used to make an eSignature.
- Any alternation to the affixed signature or the document must be detectable.
- An audit trail of steps must be taken during the signing process.
- Signer certificate is issued by a Certifying Authority recognized by the Controller of Certifying Authorities.
There is an additional requirement in several Indian states, including Delhi, Maharashtra, and Karnataka, that certain electronic records must be stamped prior to or at the time of execution.
What does eSignature look like?
When eSigning documents, you can opt for the preferred visual display of your signature. Modern eSignature solutions let you type your name or initials in the interface and have them displayed on the document you are eSigning. You can also draw your signature with a touchpad or a computer mouse. Finally, if you want your eSignature to look exactly like a handwritten one, you can upload a picture of your signature to signNow and use it to eSign the documents. Regardless of your type of eSignature, the document you eSign will have the same legal effect as a 'wet ink' signature.
Which documents can and can not be signed online in India?
eSignature has the same legal effect in India as the traditional physical signature for most document types. However, there are documents that can only be executed with a handwritten signature. Use a handwritten signature rather than an eSignature when signing the following documents:
- Last will
- Power of attorney
- Trust deeds
- Contracts associated with real estate transactions like lease and sales agreements
- Promissory notes, bills of exchange, and other negotiable instruments other than a cheque
Is it safe to eSign documents in India?
If you are using a reliable eSignature service and fulfill the requirements for the eSigning process, you can be confident about the legal validity of signed documents and the security of their storage. Unless your documents are on the list that requires physical signatures, they will be recognized as valid according to Indian law. In terms of personal data security, make sure your eSignature service implements the best practices around data encryption and protection.
How to sign a PDF in India with signNow
Once you have a signNow account, you can easily upload documents, create templates, and share them for eSignature in India. To request a signature from other parties, you need to take the following steps:
All documents uploaded to your signNow profile will be securely stored in a cloud service and can be accessed and downloaded any time you need them.
- Upload the file with a document that needs to be signed and open it in your signNow profile.
- Add signature fields, as well as name and date fields if those aren’t previously typed in the document.
- Click Invite to sign and enter the email of the signee. You can modify a message the recipient will receive as an invitation to sign the document.
- A recipient will then follow the link in the email to view and sign the document. The signee does not need to register with signNow to sign the document.
- After the document is signed, you will be notified via email. Also, the file will be marked as “Signed” in your signNow profile.
All documents uploaded to your signNow profile will be securely stored in a cloud service and can be accessed and downloaded any time you need them.
About signNow
signNow is committed to making high-quality eSignature technology accessible to people and enterprises throughout the world. signNow complies with the highest security standards outlined in the General Data Protection Regulation GDPR and 21 CFR Part 11. Subscribe to signNow in order to benefit from a high-quality eSignature solution and streamline your document-related tasks!