Electronic or Digital Signatures consist of cryptographic techniques which ensure privacy and verify the origin and integrity of the message; the techniques commonly used are a mix of algorithms, keys and codes. Symmetric cryptography uses just a single key to encrypt and decrypt the messages, on the other hand asymmetric technique uses two keys one of which is public (because it is known by the parties) and one, which is private (just one of the parties knows it).

 Most modern signatures are based on asymmetric methods, described as a special door that can only be opened with four key locks, two on either side. Once both parties have locked the keys into the door, it is possible to open the door and for the parties to be sure that they can negotiate through that open door safely. Signatures serve the purposes of evidence, approval, and efficiency and logistics. To achieve these basic purposes a digital signature must be capable of Signer and Document authentication, these methods are tools used to exclude impersonators and forgers and are essential ingredients of what is often called non-repudiation service. This prevents a person from unilaterally terminating or making modifications to legal obligations arising out of a computer-based transaction. 

Authentication of electronic records is dealt with under Section 3 of IT Act, by way of affixing an electronic signature. It is stipulated that such authentication shall be achieved by using the asymmetric cryptosystem and hash function61 whereby the initial electronic record is transformed into another electronic record.

 Thus, digital requirements should possess, as minimum requirements, the following characteristics: 

 A crypto system which is asymmetric.  The initial electronic record transforms into another electronic record  Hash function and hash result  The hash function ‘s stability  The hash function ‘s safety  Public Key and Private Key. 

A signature is not part of the substance of a transaction, but rather of its representation or form. Signing documents serve the following purposes: 

• Evidence: A signature authenticates writing by identifying the signer with the signed document. When the signers make a mark in a distinctive manner, the writing becomes attributable to the signer.

 • Ceremony: The act of signing a document calls to the signer’s attention the legal significance of the signer’s act hereby helps prevent “inconsiderate engagements”

 • Approval: In certain contexts, defined by law or custom, a signature expresses the signer’s approval or authorization of the writing or the signer ‘s intention that it has a legal effect. 

Through the Information Technology Act, 2000 (IT Act), Indian was able to recognize the use of electronic signatures. With the aim of improving the ease of doing business; rationalizing the way documents are stored, and improving the safety, and cost-effectiveness of records, the Indian Government has greatly advocated for the use of digital technologies by its citizens and corporations. 

Presently, it is safe to state; there has been a significant increase in adoption of electronic signatures all over India. This can be partly attributed to the government’s emphasis on facilitating electronic transactions using Aadhaar (a distinctive identification number provided by the government to all Indians nationals). With that said, in India, electronic signatures must satisfy a few conditions before they can be relied upon. 

Requirements for validity

The Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include: 

• E signatures which incorporate an Aadhaar ID with an electronic Know-YourCustomer (eKYC) method. 

• Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document. 

For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions. 

• The signatory of the e signature must be unique

 • At the point of signing, the signatory should be in control of the data employed to generate the e-sign. 

• Any tamper with the signature, or the form to which the signature is placed, must be easily detectable. 

• There must be an audit trail of procedures followed during the signing process. 

• Signer certificates should only be granted by the Certifying Authority. If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures. Documents that Indian law prohibits to be signed electronically 

The government of India has held that e signatures cannot be adopted on all types of documents. The following documents cannot be signed online and should be executed with the typical pen-and-paper signature to be considered legally acceptable.

 • Any document listed by the government of India on the official gazette

 • Power of attorney 

• Trust deeds 

• A will and other forms of testamentary disposition

 • Negotiable documents such as bills of exchange, drafts, promissory notes and more 

• Documents involving any sale of immovable property such as real estate.