Coming soon. This post is being written. The outline below is what it will cover. To get notified when it goes live, subscribe to the newsletter.
Outline
This post will be the definitive plain-English guide to eSignature legality in India. It will cover:
The legal basis
- Information Technology Act 2000, Section 3A — what it actually says
- The Second Schedule and notified electronic signature techniques
- Bharatiya Sakshya Adhiniyam 2023 Section 63 (formerly Indian Evidence Act §65B)
The two main eSign techniques
- Digital Signature Certificates (DSC) — when required, how to obtain
- Aadhaar eSign — how Section 3A applies
Document types — what’s in, what’s out
- Standard business contracts (NDAs, MSAs, employment) — in
- Statutory filings (GST, MCA) — DSC only, not generic eSign
- Documents specifically excluded (wills, sale deeds, certain POAs, trust deeds)
- State-law variations for real estate and stamp duty
What an audit trail must contain
- Identity attribution (IP, device, authentication method)
- Timestamp integrity
- Document hash for tamper detection
- ESP-issued certificate chain
Court admissibility
- Section 63 BSA 2023 requirements
- Section 65B compliance certificates (still relevant for legacy cases)
- Real-world case law on electronically signed contracts
Practical compliance checklist
- A short checklist for SMBs to confirm their eSign workflow holds up
When this will go live
We’re aiming for a thorough piece rather than a fast one. If you have a specific question about Indian eSign legality that you’d like covered, email us and we’ll fold it in.
