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Electronic Signatures in India gain their validity by the Information Technology Act, 2000. The object and purpose of an Electronic signature are the same as a traditional signature. The only difference is that it is signed electronically by using asymmetric cryptosystem (use of private and public keys) and hash function. The IT Act confirms that contracts cannot be denied enforceability only because they are concluded electronically.
Most electronic records are allowed to be signed digitally, but there are some exceptions that need to be signed physically. These documents are specified under the First Schedule of IT Act, 2000. These documents are:-
Electronic signatures technology has been defined in Section 3 of the Act as any subscriber may authenticate an electronic record by affixing his electronic signature. The authentication shall be done by using an asymmetric cryptosystem (use of private and public keys) and hash function which envelops and transforms the initial electronic record into another electronic record.
Electronic Signature is enabled using Electronic Signature Certificates. As per the Act, the Certificate is issued by the Certifying Authority.
There are 2 types of Electronic Signatures:-
Digital Signature- Certifying Authority provides a digital signature certificate that covers the user’s personal information like his name, the public key, and the expiry date of the certificate. In some cases, the users could also get a USB token for signing a document. The USB token contains a personal PIN that will only be visible to the signer. Digital Signature is safer than an electronic signature.
Electronic Signature combining Aadhaar with eKYC service:
This type of electronic signature is recently used in India. Electronic signatures that combine Aadhar with eKYC services such as OTP are the kind of signatures accepted under the Information Technology act. Only the signer who has an Aadhar could go for online e-signature service for signing documents online.
There are some offenses related to electronic signature defined under IT Act, 2000:-
Managing paper documents is a mammoth task for everyone these days and with the invention of Electronic Records and documentation, it is becoming quite easier for every one of us. Also at this time of the pandemic, the idea of Electronic documentation is a boon for us.
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