Under the Information Technology (IT) Act, 2000, the use of electronic or digital signatures in India are given the same legal status as written valid contracts when parties reach an agreement.
According to the IT Act, 2000, Electronic Signatures are valid are reliable if:
- The signature creation data or the authentication data were, at the time of signing, under the control of the signatory.
- The signature creation data or the authentication data are, within the context in which they are used, linked to the signatory.
- Any alteration to the information made after its authentication by electronic signature is detectable.
- Any alteration to the electronic signature made after affixing such signature is detectable.
- The Central Government may prescribe the procedure for the purpose of ascertaining whether an electronic signature is that of the person by whom it is purported to have been affixed or authenticated.
The IT Act doesn’t apply to the following documents or transactions (First Schedule, IT Act, 2000):
- A negotiable instrument (other than a cheque) as defined in the Negotiable Instruments Act.
- A power-of-attorney as defined in the Powers-of-Attorney Act.
- A trust as defined in the Indian Trust Act.
- A will as defined in the Indian Succession Act.
- Any contract for the sale or conveyance of immovable property or any interest in such property.
nikoContract is an innovative initiative that allows easy, efficient, and secure signing of electronic documents by authenticating signers using e-KYC services. nikoContract provides electronic signatures using Controller of Certifying Authorities, Government of India, electronic sign services. Any Aadhaar cardholder can sign a document using the 12 digit aadhaar number given by the government of India.
Get started with nikoContract free.