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.
But you don’t stress. Sit back and relax because this blog has everything you have been looking for.
Clearlogics Management Consultants, a renowned name in Kerala is your one stop solution. Visit www.clearlogics.in and get yourself a you’ve been wanting since a long time.
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.
As per the two types of signatures are recognized:
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
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 or any interest in such property.