Validity of Digital Signature
Certificate – All You Need to Know!
Digitization
has transformed India’s landscape of business drastically. Digital signatures
have been legally valid in India for over 18 years now: the Information
Technology Act (IT Act), 2000, granted digital signatures the same legal
status and importance as handwritten signatures.
However, even today in India, many businesses do not have a
clear understanding and idea of electronic signature laws.
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Signatures
are used as the authentication of a Document and by authentication, I mean to
say it serves as a proof or proves the document to be real or genuine. A
document without the signatures of the creator or bearer has no validity/value
for the law. Only a document in handwritten form can be signed. An oral
statement cannot be signed and contains no value or weightage. Signature helps
a document to get the validation.
There are many different ways of signing a document that are
considered legit/valid and hence are recognized in the System. These consists
of – Hand Written Signatures using ink, Thumb Impressions using Ink, Thumb
Impressions with the help of Bio-Metric Machines, Facsimile Signatures, and
Electronic or digital Signatures.
What types of digital signatures are
recognized under the IT Act?
As per the SECOND
SCHEDULE of the IT Act, two types of signatures are
recognized:
(1)
E-signatures combined with an Aadhaar, with an e-KYC service.
(2)
Digital signatures that are initiated by an asymmetric crypto-system and hash
function.
Which factors make digital signatures valid in
India?
Here are the 5 norms that digital signatures must satisfy in
order to be valid in India, as per the IT Act:
(1) E-signatures must be linked to the person signing the document
in a unique way.
(2) At the time of signing the document, the signer must have
total control over the data used to generate the digital signature.
(3) Any alteration to the affixed e-signature must be
detectable.
(4) There should be an audit trail that details about the steps
taken during the signing process.
(5) The DSC must be issued by a Certifying Authority (CA)
recognized by the Controller of Certifying Authorities (CCA) appointed under
the IT Act
Can document of all kinds be executed using digital
signatures?
No, not really. Certain documents require a notarial process, or
documents which must be registered by a Registrar or Sub-Registrar, can only be
executed using signatures that are handwritten to be legally enforceable.
As
per the First Schedule of the Information Technology Act, 2000 following are
the documents to which the IT Act shall not apply:-
1. A negotiable instrument (except a cheque).
2. A power-of-attorney
3. A trust, including a Trust deed as well.
4. A will, including any other testamentary disposition by
whatever name called.
5. Any contract for the sale of immovable property or
any interest in such property.