E-signature legality · India
Are electronic signatures legal in India?
Reviewed
In short
Yes, with conditions. The Information Technology Act, 2000 gives electronic signatures the same legal recognition as handwritten ones when they use a technique listed in its Second Schedule, such as digital signature certificates or Aadhaar-based eSign. Contracts formed electronically are also valid under section 10A, but a typed or drawn signature doesn't get the Act's statutory recognition, so its authenticity may have to be proved. Wills, trusts and some powers of attorney and negotiable instruments are excluded.
The law
Laws that apply
- 2000Information Technology Act, 2000 (No. 21 of 2000)
s. 3A and Second Schedule: reliable electronic signature techniques (including Aadhaar eSign); s. 5: legal recognition of electronic signatures; s. 10A: validity of contracts formed electronically; First Schedule: excluded documents.
Source: indiacode.nic.in
- 2022Notification S.O. 4720(E) amending the First Schedule of the IT Act
Dated 26 September 2022: narrowed the negotiable-instrument and power-of-attorney exclusions for entities regulated by RBI, NHB, SEBI, IRDAI and PFRDA, and omitted the exclusion for contracts for sale or conveyance of immovable property.
Source: cca.gov.in
- 2023Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)
Replaced the Indian Evidence Act from 1 July 2024. Covers admissibility of electronic records and presumptions for secure electronic signatures and records (ss. 61, 63, 66, 85–87).
Source: egazette.gov.in
Generally fine to sign electronically
- Commercial contracts, NDAs and vendor agreements
- Employment offer letters and HR documents
- Loan and financial documents, commonly signed with Aadhaar eSign or digital signature certificates
- Leave-and-license and rental agreements, subject to stamp duty and any registration requirement
- Consumer agreements and online terms
Exceptions and extra formalities
- Wills and other testamentary dispositions (First Schedule)
- Trusts as defined in the Indian Trusts Act, 1882 (First Schedule)
- Powers of attorney, except those empowering an entity regulated by RBI, NHB, SEBI, IRDAI or PFRDA (First Schedule, as amended in 2022)
- Negotiable instruments other than a cheque, or a demand promissory note or bill of exchange issued in favour of or endorsed by such a regulated entity (First Schedule, as amended in 2022)
- Documents that must be registered under the Registration Act, 1908, such as sale deeds for immovable property, which follow sub-registrar procedures even though the IT Act exclusion for property contracts was removed in 2022
- Instruments that need stamp duty paid under central or state stamp laws, which must still be stamped
In practice
Things to know
Every PDFBetter signer signs with their own cryptographic key: their browser generates an ECDSA P-256 key that never leaves the device and signs a statement binding the document's SHA-256 fingerprint to exactly what they entered, and PDFBetter's certificate authority certifies that key. Every completed PDF and its certificate of completion are digitally sealed with a PAdES signature and, when the service is reachable, independently time-stamped under RFC 3161, so any change shows in PDF readers. The evidence is built into the file: signed statements, device signatures, certificates, entered values and a hash-chained audit log of every view, consent, signature and decline with time and IP address. Signers consent to sign electronically first, the sender can require an emailed 6-digit code, and completed evidence is kept for 7 years. Signature requests are designed to the technical requirements of an advanced electronic signature (eIDAS art. 26): a unique key per signer, under their sole control, linked to the document so any change is detectable. Signers are identified by email (and an optional emailed code), not by ID documents or SMS.
PDFBetter's signatures are not Aadhaar eSign or digital signature certificate (DSC) signatures, so they don't receive the statutory recognition of IT Act section 5 or the evidentiary presumptions for secure electronic signatures. For loans, government filings and other documents where those are expected, use a licensed eSign or DSC provider.
PDFBetter does not create qualified electronic signatures (QES) and does not offer SMS codes, phone authentication, knowledge-based questions or government ID checks. Its seal certificate comes from PDFBetter's own certificate authority, not a government-accredited one, and is not yet on Adobe's trust list, so Acrobat shows the seal's identity as not verified while still detecting changes. Where a law requires a qualified or accredited signature, verified identity, a notary, wet ink or a witness, use a process that provides it.
This page summarizes what the law generally says, with links to the official texts. PDFBetter is not a law firm; for an important or unusual document, check with a lawyer qualified where the document will be relied on.
What PDFBetter gives you as evidence
Every signer signs with their own cryptographic key, bound to the document’s SHA-256 fingerprint, after recorded consent and an optional emailed code. The completed PDF and certificate of completion are digitally sealed and independently time-stamped, with the hash-chained audit trail built into the file. Designed to the technical requirements of an advanced electronic signature (eIDAS art. 26); signers are identified by email (and an optional emailed code), not by ID documents or SMS. Not a qualified signature (QES).
E-signatures in India: questions people ask
Are typed or drawn e-signatures valid in India?
A contract can be formed electronically under section 10A of the IT Act, so typed or drawn signatures can evidence agreement. They aren't an electronic signature technique listed in the Second Schedule, so their authenticity may have to be proved if challenged.
What is Aadhaar eSign?
An online electronic signature service listed in the IT Act's Second Schedule, where a licensed provider authenticates the signer through Aadhaar and issues a short-lived signing certificate.
Can I sign a property sale agreement electronically in India?
Since the 2022 amendment, contracts for sale of immovable property are no longer excluded from the IT Act. Stamp duty and registration rules still apply, and conveyances are registered through sub-registrar procedures.
Can a will be signed electronically in India?
No. Wills and other testamentary dispositions remain excluded under the First Schedule of the IT Act.
Does PDFBetter support Aadhaar eSign or DSC?
No. Each PDFBetter signer signs with their own cryptographic key, and every completed PDF is digitally sealed and independently time-stamped, with the evidence built into the file. The keys are certified by PDFBetter's own certificate authority, not a licensed Certifying Authority under the IT Act, so they are not Aadhaar eSign or DSC signatures.