{"id":2485,"date":"2017-09-22T09:40:05","date_gmt":"2017-09-22T09:40:05","guid":{"rendered":"https:\/\/signdesk.com\/?p=2485"},"modified":"2025-10-28T02:57:31","modified_gmt":"2025-10-28T08:27:31","slug":"esign-validity-esign-legally-valid-india-2","status":"publish","type":"post","link":"https:\/\/melento.ai\/en-in\/blog\/esign-validity-esign-legally-valid-india-2","title":{"rendered":"eSign Validity: Is eSign Legally Valid In India?"},"content":{"rendered":"

eSign<\/b><\/span><\/a> Validity<\/b><\/span><\/strong><\/h2>\n

Although eSign has several benefits, different countries have different laws with respect to digital signatures and eSign<\/b><\/a>.<\/span><\/p>\n

Hence, one should check out on the validity of electronic signatures in any country before executing a document and signing it electronically. <\/span><\/p>\n

Aadhaar-based eSignature<\/b><\/a> has gained a lot of popularity for digital signatures in India.<\/span><\/p>\n

Now, let\u2019s take a closer look at eSign (electronic signatures), its validity, the documents it\u2019s invalid on and when it is revoked, among other key points with respect to India.<\/span><\/p>\n

Are Electronic Signatures Legally Valid In India?<\/strong><\/span><\/h2>\n

\"Is<\/p>\n

Under the Information Technology Act, 2000, Digital Signature Certificates (DSC) are legally valid as per the Indian Law.<\/span><\/p>\n

Licensed Certifying Authorities (CA\u2019s)<\/strong> issue DSC\u2019s under the Ministry of Information Technology which makes the use of DSC\u2019s authentic and valid, just as any wet or physical signature.<\/span><\/p>\n

Electronic signatures also serve as a proof of signature and presumption to electronic agreements under the Indian Evidence (Amendment) Act, 1882.<\/span><\/p>\n

DSCs are generated for Aadhaar-based eSign as well and it can be viewed by clicking on the eSign button.<\/span><\/p>\n

This DSC record is created and the eSign should be used within 30 minutes, after which the private key is destroyed. <\/span><\/p>\n

Although the key is destroyed almost immediately, once an electronic signature has been applied to a document, it is valid forever.<\/span><\/p>\n

Digital signatures issued by licensed CA\u2019s are legally valid in a court of law as per the IT Act, 2000.<\/strong><\/span><\/p>\n

Under Section 2(p) and Section 3 of the Act, digital signatures are considered reliable, legal and secure because digital signatures employ hash functions and cryptosystems for electronic records.<\/span><\/p>\n

It is also important to understand how to validate eSign<\/a>.<\/span><\/p>\n

eSign or electronic signatures are digital signatures that can be applied to electronic documents<\/b> <\/a>as per Section 5 of the Act, which explains the legal recognition of electronic signatures.<\/span><\/p>\n

As per Section 3A of the Act, a subscriber may authenticate an electronic record with an electronic signature that is considered reliable or as stipulated in the Second Schedule of the IT Act, 2000<\/strong>. <\/span><\/p>\n

According to Section 3A, Schedule 3 of the IT Act, 2000, an electronic signature is considered valid if all of the following conditions are fulfilled:<\/span><\/p>\n