Electronic signature
Also called: E-signature
Authentication of an electronic record by a subscriber using an electronic technique specified in the Second Schedule to the IT Act, including a digital signature (Section 2(1)(ta)).
Explained
Section 2(1)(ta) of the Information Technology Act, 2000 defines electronic signature as authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule, and includes digital signature. The term was introduced by the 2008 amendment to make the law technology neutral. A digital signature under Section 2(1)(p) is a narrower species: authentication by an electronic method in accordance with Section 3, which uses an asymmetric crypto system and hash function.
Section 3A allows a subscriber to authenticate an electronic record by an electronic signature or authentication technique that is considered reliable and is specified in the Second Schedule. A technique is reliable if the signature creation data is linked to the signatory and no other person, was under the signatory's control at the time of signing, and any later alteration to the signature or to the information is detectable. Under Section 5, where a law requires information to be authenticated by signature, the requirement is satisfied by an electronic signature affixed in the prescribed manner. Under Section 15, an electronic signature is a secure electronic signature if the signature creation data was under the exclusive control of the signatory and stored and affixed in the prescribed manner.
The BSA carries the evidentiary rules. Under Section 41(2), when the Court has to form an opinion as to a person's electronic signature, the opinion of the Certifying Authority that issued the Electronic Signature Certificate is a relevant fact. Under Section 66, except for a secure electronic signature, the fact that an electronic signature is that of the subscriber must be proved. Section 85 presumes that an electronic record purporting to be an agreement with the parties' electronic or digital signatures was so concluded, and Section 86 raises presumptions for secure electronic records and secure electronic signatures.
Examiners test the relationship between electronic and digital signatures, the reliability conditions in Section 3A, and the BSA rules on proof and presumption.
What the law says
[(ta) “electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;
Clause (1)(ta) defines electronic signature; (1)(p) digital signature
[(1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which–
(a) is considered reliable; and
(b) may be specified in the Second Schedule.
Reliable electronic signature techniques
Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of [electronic signature] affixed in such manner as may be prescribed by the Central Government.
Explanation.–For the purposes of this section, “signed”, with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression “signature” shall be construed accordingly.
Legal recognition of electronic signatures
[An electronic signature shall be deemed to be a secure electronic signature if–
(i) the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and
(ii) the signature creation data was stored and affixed in such exclusive manner as may be prescribed. Explanation.–In case of digital signature, the “signature creation data” means the private key of the subscriber.
Secure electronic signature
Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved.
Proof of electronic signature
Earlier law: IEA 67A. Proof as to electronic signature.
(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.
Sub-section (2): Certifying Authority opinion relevant
Earlier law: IEA 47. Opinion as to handwriting, when relevant.; 47A. Opinion as to digital signature, when relevant.
For the exam
- Defined in Section 2(1)(ta) IT Act; includes digital signature (Section 2(1)(p)).
- Must be a reliable technique specified in the Second Schedule (Section 3A).
- Satisfies a legal requirement of signature (Section 5 IT Act).
- Opinion of the Certifying Authority is relevant on electronic signatures (Section 41(2) BSA).
- Must be proved unless it is a secure electronic signature (Section 66 BSA).
118 questions in the Law Maker question bank use this term. Practise Cyber Law questions
Related terms
- Digital signatureAuthentication of an electronic record by a subscriber by means of an electronic method or procedure in accordance with Section 3 of the Information Technology Act, 2000.
- Electronic recordData, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
- Computer resourceComputer, computer system, computer network, data, computer data base or software (Section 2(1)(k) of the Information Technology Act, 2000). It is the widest of the Act's technology terms.
- IntermediaryA person who, on behalf of another, receives, stores or transmits an electronic record or provides a service for it, such as an internet provider, search engine or online marketplace. Section 2(1)(w) IT Act.
- DocumentAny matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.