E-signature laws in India

India recognizes two distinct types of electronic signatures under the Information Technology Act, 2000: electronic signatures (broader category) and digital signatures (using asymmetric cryptography with certificates from licensed CAs). The 2008 amendment introduced Aadhaar-based e-signatures for mass adoption.

Information Technology Act, 2000 (amended 2008) (2000 (amended 2008))

Key provisions

• Digital signatures using asymmetric cryptography are legally recognized under Section 3 of the IT Act.
• Electronic signatures (broader category) were introduced by the 2008 amendment under Section 3A.
• Aadhaar eSign allows citizens to digitally sign documents using their Aadhaar identity — massive adoption for government and banking.
• Licensed Certifying Authorities (CAs) issue digital signature certificates under the Controller of Certifying Authorities (CCA).
• Electronic records and signatures are admissible as evidence under the Indian Evidence Act.

What you can't e-sign in India

• Negotiable instruments (cheques, promissory notes) under the Negotiable Instruments Act — wet signatures required.
• Powers of attorney as defined under the Powers of Attorney Act, 1882.
• Trusts created under the Indian Trusts Act, 1882.
• Wills and testamentary dispositions under the Indian Succession Act.
• Real estate sale deeds — most state registration acts require physical presence and wet signatures.

Practical tips for India

• For B2B contracts between Indian companies, electronic signatures under Section 3A are sufficient and widely accepted.
• Government tenders and filings often require Class 3 digital signature certificates from licensed CAs.
• Aadhaar eSign is the easiest way to get legally valid signatures from Indian citizens at scale.
• Maintain audit trails compliant with IT Act requirements — timestamp, identity verification, and document integrity.