ELECTRONIC SIGNATURE

RESEARCH REPORT SUBMITTED IN PARTIAL FULFILLMENT OF THE

COURSE CYBER LAW FOR OBTAINING THE DEGREE B.B.A LL.B (Hons.)
DURING THE ACADEMIC YEAR 2021-22.

SUBMITTED BY: - NIHARIKA BHATI

ROLL NO. – 1839
9th SEMESTER
SUBMITTED TO: - MR. KUMAR GAURAV
(ASSISTANT PROFESSOR OF LAW)

SEPTEMBER, 2021
CHANAKYA NATIONAL LAW UNIVERSITY
NYAYANAGAR, MITHAPUR, PATNA
800001
 TABLE OF CONTENTS

Declaration.......................................................................................................................................3

Acknowledgement...........................................................................................................................4

Research Methodology....................................................................................................................5

1. Introduction..............................................................................................................................6

2. UNCITRAL Law On Electronic Signature...............................................................................9

3. Indian Law On Electronic Signature......................................................................................12

4. Electronic Signature V. Digital Signature...............................................................................16

5. Offences relating To Electronic Signature..............................................................................18

6. Conclusion..............................................................................................................................21

Bibliography..................................................................................................................................22
 DECLARATION

I hereby declare that the work reported in the BB.A.LL.B. Project Report entitled “Electronic
Signature” submitted at Chanakya National Law University, Patna is an authentic record of my
work carried out under the supervision of Asst. Prof. Mr. Kumar Gaurav. I have not submitted
this work elsewhere for any other degree or diploma. I am fully responsible for the contents of
my Project Report.

(Signature of the Candidate)

Niharika Bhati
Chanakya National Law University, Patna
 ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my guide Mr.
Kumar Gaurav for his exemplary guidance, monitoring and constant encouragement throughout
the course of this thesis. The blessing, help and guidance given by him time to time shall carry
me a long way in the journey of life on which I am about to embark.
I am obliged to staff members of Chanakya National Law University, for the valuable
information provided by them in their respective fields. I am grateful for their cooperation during
the period of my assignment.
Lastly, I thank almighty, my parents, brother, sisters and friends for their constant
encouragement without which this assignment would not be possible.

Thank you!
 RESEARCH METHODOLOGY

Method of Research:
For the purpose of research, the researcher has used the Doctrinal Method of Research. The
Research is entirely a Library-based Research, where the researcher has made use of books, law
journals, magazines, law reports, legislations, internet websites, etc., for the purpose of research.

Aims and Objectives:

The Researcher aims to study in detail about the concept of Electronic Signature under the
Information Technology Act, 2000, with comparative study about Digital Signature.

Research Questions:
The researcher seeks to answer the following answers in this project:
1. What do we mean by Electronic Signature and what are its features?
2. What are the regulations governing Electronic Signature?
3. What is the difference between digital and Electronic Signature?
4. What are the offences related to Electronic Signatures?

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Scope and Limitations of the Study:

Though the researcher will try her level best not to leave any stone unturned in doing this project
work to highlight various aspects relating to the topic, but the topic is so dynamic field of law,
the researcher will sight with some of unavoidable limitations. The limitations encountered by
the researcher were the paucity of time.
 1. INTRODUCTION

The traditional signatures are Hand-written and uniquely represent one’s identity. In certain cases
law mandates the use of signature and assigns it an important legal position in the document as it
signifies two things, the identity of the person and its intent to it. The Signature is one’s identity
on a document and is used in day to day transaction and in case of illiterate persons its
fingerprint is considered as his signature. Even the business transactions were conducted over a
known or closed domain where parties involved in the transaction were known to each other and
often involved with face-to-face interaction.
However due to rapid diffusion of the internet and the digitization of the economic activities,
there is a huge inclusion of technology in almost all walks of society. The inclusion is so deep
that man cannot spend a day without computers or a mobile. And thus for such online
transactions and contracts, hand-written signatures become insufficient. The online transactions
require unique and strong protection which is served by ‘Electronic Signature’.
The concept of Digital Signature was introduced through Information Technology Act 2000 in
India, which is enhanced with hybrid concept of Electronic Signature which is based on
UNCITRAL Model Law on Electronic Signatures 2001. The Electronic Signature is a
technologically neutral concept and includes a Digital Signature. The Object and Purpose of
Electronic Signature is similar to that of traditional signature. In cyber world Electronic
Signature ensures that the electronic records are authentic and legitimate as electronic signature
are safer and cannot be forged and is convenient as the sender himself does not have to be
personally present at the place to contract to sign the document. 1 For Example, a person can sign
a contract in India and send it to any part of the World to complete the transaction.
An E-signature can be as simple as a typed name individuals attach to an e-mail or more
sophisticated as a digitized image of a signature that linked to a mathematical algorithm that
verifies the authenticity of an online document.2

Requirements for validity:

1
International Journal of Academic Research [ISSN: 2075-4124] Vol. 4. Issue 4, 2016, pg 228.
2
Yogesh Kolekar, “Electronic Signature:Legal and Technical Aspect”, available at:
http://www.legalservicesindia.com/article/1827/Electronic-Signature:-Legal-and-Technical-aspect.html
The IT Act broadly provides for the enforcement of Electronic Signatures and recognizes two
types of Electronic Signatures as having the same legal status as the handwritten signatures. This
lets companies choose the method best suited for their requirement. The methods specifically
recognized under the IT Act are:
1. Electronic Signatures that combine an Aadhaar Identity Number with an electronic
KnowYour-Customer (eKYC) method (such as one-time passcode). This Method is
known as eSign online Electronic Signature service.
2. Digital Signature that are generated by an “asymmetric crypto-system and hash function.”
In this scenario a signer is typically issued a long term certificate based digital ID stored
on USB token which is used along with a personal pin to sign a document.
For the two types of e-signatures to be valid under Indian law, they must satisfy these additional
conditions (Reliability Conditions):
 E-signatures must be unique to the signatory (they must be uniquely linked to the person
signing the document and no other person). This condition is met with a certificate-based
digital ID.
 At the time of signing, the signatory must have control over the data used to generate the
e-signature (for example, by directly affixing the e-signature to the document).3
 Any alteration to the affixed e-signature, or the document to which the signature is
affixed, must be detectable (for example, by encrypting the document with a tamper-
evident seal).
 There should be audit trail of steps taken during the signing process.
Signer certificates must be issued by a Certifying Authority (CA) recognized by the Controller of
Certifying Authorities appointed under the IT Act. 4 Only a CA licensed by the Controller of
Certifying Authorities can issue e-signature or digital signature certificates.5

What is not allowed to be signed by e-signatures?

3
Section 3A, Information Technology Act, 2000
4
Section 17, Information Technology Act, 2000.
5
Section 18, Information Technology Act, 2000.
Certain documents that require a notarial process, or documents must be registered with a
Registrar or Sub-Registrar, can only be executed using handwritten signatures to be legally
enforceable and not through eSignatures. These include:
1. Negotiable instruments such as a promissory note or a bill of exchange other than a
cheque,
2. Powers of attorney
3. Trust deeds
4. Wills and any other testamentary disposition
5. Real estate contracts such as leases or sales agreements6

Techniques to make E-Signatures

There are numerous techniques employed all over the world to make e-signatures, UNCITRAL
model prescribes a list of valid techniques.
The Public Key Infrastructure Technique (PKI): The PKI method is the most prevalent and one
of the legal techniques of designing E-signatures today and is widely followed in various
countries of the world including USA and Germany. The key technique makes use of two distinct
keys in the formation of e-signatures. These are public and the private keys.
Symmetric Cryptography Method: The symmetric cryptography method also makes use of two
keys to preserve the messages. The sender and the receiver both have same keys and so only two
parties can read the message. This method is widely used in business contracts that take place
online, where there are only two parties’ concerned.7
Asymmetric Cryptography Method: This method also makes use of two keys, the public and the
private key and both the parties have both the keys. The public key is accessible to the public at
large while the private key is accessible only to the concerned user. This technique is used in
government welfare programmes and company schemes with customers where a single party
deals with many different people. India uses this method as it is prescribed by the IT Act.8

6
Section 1, Schedule 1, Information Technology Act, 2000.
7
Supra Note 2
8
International Journal of Academic Research [ISSN: 2075-4124] Vol. 4. Issue 4, 2016, pg 228.
 2. UNCITRAL LAW ON ELECTRONIC SIGNATURE

The increased use of electronic authentication techniques as substitutes for handwritten

signatures and other traditional authentication procedures suggested the need for a specific legal
framework to reduce uncertainty as to the legal effect that would result from the use of such
modern techniques (which may be referred to generally as “electronic signatures”). The risk that
diverging legislative approaches be taken in various countries with respect to electronic
signatures called for uniform legislative provisions to establish the basic rules of what is
inherently an international phenomenon, where legal harmony as well as technical
interoperability was a desirable objective.
The Model Law provides a linkage between such technical reliability and the legal effectiveness
that may be expected from a given electronic signature.9

 Background
The Model Law constitutes a new step in a series of international instruments adopted by
UNCITRAL, which are either specifically focused on the needs of electronic commerce or were
prepared bearing in mind the needs of modern means of communication. It comprises the Legal
Guide on Electronic Funds Transfers (1987), the UNCITRAL Model Law on International Credit
Transfers (1992) and the UNCITRAL Model Law on Electronic Commerce (1996 and 1998).
The Model Law on Electronic Signature is a substantial addition to the UNCITRAL law on
Electronic Commerce.
The UNICTRAL Model Law on Electronic Commerce adopted an approach based on functional
equivalence.10 The “Functional Equivalence Approach” is based on analysis and functions of the
traditional paper-based requirement with a view to determine how those purposes or functions
can be fulfilled through Electronic Commerce Techniques. Based on this, the Commission in its
34th Session adopted the UNCITRAL Model Law on Electronic Signatures.11

9
UNICTRAL Model Law on Electronic Signatures with guide to Enactment 2001, page 8, available at:
https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/ml-elecsig-e.pdf
10
https://www.unescap.org/sites/default/files/2_UNCITRAL%20texts%20commerce%20and%20paperless
%20trade.pdf.
11
“Establishing a Legal Framework for Electronic Commerce: The Work of the United Nations Commission on
International Trade Law (UNCITRAL)”, available at: https://core.ac.uk/download/pdf/216909726.pdf.
  Features of Model Law
1. Legislative Nature of Model Law: The new Model Law should be considered as a way to
provide detailed information as to the concept of a reliable “method used to identify” a
person and “to indicate that person’s approval” of the information contained in a data
message and thus it is a set of legislative rules with commentary, and not merely a guideline.
2. Relationship with the UNCITRAL Model Law on Electronic Commerce: Even though
New Model Law is a separate Legal Instrument, it is consistent with both the substance and
the terminology of the UNCITRAL Model Law on Electronic Commerce. The general
provisions of the UNCITRAL Model Law on Electronic Commerce have been reproduced in
the new instrument. These are Sphere of application12, Definitions of “data message”,
“originator” and “addressee”13, Interpretation14, Variation by agreement15 and Signature16 of
the UNCITRAL Model Law on Electronic Commerce.
3. “Framework” rules to be supplemented by technical regulations and contract: As a
“framework”, the Model Law itself does not set forth all the rules and regulations that may
be necessary to implement those techniques in an enacting State. The Model Law is not
intended to cover every aspect of the use of electronic signatures. Accordingly, an enacting
State may wish to issue regulations to fill in the procedural details for procedures authorized
by the Model Law and to take account of the specific, possibly changing, circumstances at
play in the enacting State, without compromising the objectives of the Model Law17.
4. Basic rules of conduct for the parties involved: The Model Law does not deal in any detail
with the issues of liability that may affect the various parties involved in the operation of
electronic signature systems. Those issues are left to applicable law outside the Model Law.
However, the Model Law sets out criteria against which to assess the conduct of those
parties, that is, the signatory, the relying party and the certification service provider.
5. A technology-neutral framework : Given the pace of technological innovation, the Model
Law provides criteria for the legal recognition of electronic signatures irrespective of the
technology used e.g. digital signatures relying on asymmetric cryptography; biometric
12
Articles 1, UNICTRAL Model law on Electronic Commerce,2001.
13
Article 2 (a), (c) and (d), UNICTRAL Model law on Electronic Commerce,2001.
14
Article 3, UNICTRAL Model law on Electronic Commerce,2001.
15
Article 4, UNICTRAL Model law on Electronic Commerce,2001.
16
Article 7, UNICTRAL Model law on Electronic Commerce,2001.
17
UNICTRAL Model Law on Electronic Signatures with guide to Enactment 2001, page 8, available at:
https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/ml-elecsig-e.pdf.
 devices symmetric cryptography, the use of PINs; the use of “tokens”; digitized versions of
handwritten signatures; signature dynamics; and other methods, such as clicking an
“OKbox”. These various techniques could even be used in combination to reduce systemic
risk.18

18
Supra Note 9.
 3. INDIAN LAW ON ELECTRONIC SIGNATURE

The United Nations in 1998 made an observation that increasing transactions in cyberspace over
the recent years made it very necessary to have a legal framework dealing with e-signatures. As a
result, the UNCITRAL Model Law on electronic signatures, 2001 was adopted. This
comprehensive document inter alia laid down certain basic guidelines and procedures to be
followed by member nations while formulating the law on e-signatures in their respective
parliaments. Taking cognizance of the UN observation in 1998, the Indian government took up
the initiative to deal with e-signatures in the country. The Information Technology Act of 2000 is
an act through which the concept of eSignatures was introduced in India for the first time. Prior
to 2000, no statute or judicial pronouncement recognised e-signature19. The e-signature enshrined
in the IT Act is very much in compliance with the UNCITRAL Model Law of 2001.
IT Act goes on to define what an e-signature is. It defines an electronic record to be
electronically signed when it is authenticated by the subscriber by means of an electronic
technique that is specified in the second schedule of the act and involves digital signature. 20 The
central government of the country by the virtue of the IT Act has the authority to declare a
particular technique to be reliable or not, and it must satisfy the UNCITRAL model code.

Electronic Signature and IT Act, 2000.

 Section 3A
Section 3A of the Information Technology Act 2000 is based on Article 6 “Compliance with a
requirement for a signature” of UNCITRAL Model Law on Electronic Signatures 2001. One of
the biggest drawbacks of Information Technology Act, 2000 was that it was a technology specific
legislation and that it did not respect technological neutrality. The Information Technology
(Amendment) Act, 2008, inserted an era of technological neutrality by introducing the concept of
“Electronic Signature” under Section 3A.21 It states following as the requirement of Electronic
Signature:
a) It has to be reliable.
b) The central government may notify in the official gazette the technique and procedure for

19
Pavan Duggal, “Cyber Law”, Universal Law Publication, 2014 Edition.
20
Section 2(a), Information Technology Act 2000
21
http://www.legalservicesindia.com/article/1827/Electronic-Signature:-Legal-and-Technical-aspect.html.
 electronic signature or specify in the second schedule of the Information Technology Act
2000.
An electronic Signature shall be considered as reliable if it fulfills following requirement:
a) The technique should be such that it can be linked to the creator of the message.
b) The technique of electronic signature must be under the control of the maker of the
signature.
c) Any change or alteration to the electronic signature after affixation must be detectable.
d) Any change or alteration of data after affixing electronic signature must be detectable.
The Central Government is the authority to declare the technique as reliable electronic signature
and can add or remove any technique from the electronic authentication technique. 22 As on date
the central government has not issued any notification on the concept of electronic signature and
thus the electronic signature has not gained much attention.

 Section 5
This section equates electronic signature as traditional handwritten signature by providing legal
recognition to it. It provides that wherever any law stipulates any particular information to be
authenticated by affixing the signature of any person, then the requirement shall also be deemed
to be satisfied if such information or matter is authenticated by means of Electronic Signature, in
a manner prescribed by Government. This is notwithstanding anything contained in any other
law for the time being in the country.23 The legal effect of Section 5 is that now not only digital
signatures but all other kind of electronic signature, as may be specified by the government, shall
be legal and valid in the eyes of law.

 Section 10
Section 10 has been amended by the Information Technology (Amendment) Act, 2008 by which
the term ‘Electronic Signature’ was substituted at the place of term ‘Digital Signature’. This
section gives exclusive power to the central government to prescribe rules in following matters:
a) the type of electronic signature;
b) the manner and format in which the electronic signature shall be affixed;
c) the manner or procedure which facilitates identification of the person affixing the
22
Section 3A, Information Technology Act, 2000.
23
Pavan Duggal, “Cyber Law”, Universal Law Publication, 2014 Edition, page 49
 electronic signature;
d) control processes and procedures to ensure adequate integrity, security and confidentiality
of electronic records or payments; and
e) any other matter which is necessary to give legal effect to electronic signatures.24

 Section 15
Section 15 has provided for the concept of Secure Electronic Signatures. This Section prescribes
two conditions for a secure Electronic Signature, which are:
a) the signature creation data, at the time of affixing signature, was under the exclusive
control of signatory and no other person; and
b) the signature creation data was stored and affixed in such exclusive manner as may be
prescribed.

 Section 21
This Section talks about license required to become a Certifying Authority for issuing electronic
signature Certificates. Any person can make an application to the controller of the certifying
Authority for a license to issue Electronic Signature Certificates. An individual, being a citizen of
India, can apply to become certifying authority provided he has a capital of 5 crores or more in
his business. Similarly a Partnership Firm, or a Company can apply to become certifying
authority provided they have paid up capital of not less than 5 crore rupees and net worth of net
worth not less than 50 crore rupees.25
Some of the License Certifying authorities in India are: Safescrypt, National Informatics Centre
(NIC), Institute for Development and Research in Banking Technology (IDRBT), Tata
Consultancy Service (TCS), Customs and Central Excise.26

Electronic Signature and Evidence Act, 1872.

Research The law which was envisaged in 1872 naturally did not envisage Electronic Signature
and records and evidences. Hence in view of widespread use of Electronic Signatures and

24
Section10, Information Technology Act, 2000.
25
Rule 8, Information Technology (Certifying Authorities) Rules,2000
26
Subodh Asthana, “All you want to know about Electronic Signature”, available at:
https://blog.ipleaders.in/digitalelectronic-signature/
Electronic Record including digital signature it was felt necessary to amend the act and make it
in conformity with the changing trends of the society. 27 With Information Technology Act, 2000
and the Information Technology Amendment Act, 2008, the following changes in the Act were
brought.
 Section 47A
It states that when the Court has to form an opinion as to the digital signature of any person,
the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a
relevant fact. Certifying Authority shall have the same meaning assigned to it under the
Information Technology Act, 2000.
 Section 67A
It talks about the proof of Electronic Signature. It states that if the electronic signature of any
subscriber is alleged to have been affixed to an electronic record the fact that such electronic
signature is the electronic signature of the subscriber must be proved.
 Section 85B
Section 85B (2) states that unless the contrary is proved, the Court shall presume that the
secure electronic signature is affixed by subscriber with the intention of signing or approving
the electronic record. It further provides that there shall be no presumption relating to
authenticity and integrity of the electronic record or any electronic signature if the same is
not secured.
 Section 85C
This Section deals with the situation where the court shall presume unless contrary is proved,
that the information listed in an Electronic Signature Certificate is correct, except for
information specified as subscriber information which has not been verified, if the certificate
was accepted by the subscriber.

27
Supra Note 20
 4. ELECTRONIC SIGNATURE V. DIGITAL SIGNATURE

An electronic signature is any electronic symbol, process or sound that is associated with a
record or contract where there is intention to sign the document by the party involved. An
electronic signature can be verbal, a simple click of the box or any electronically signed
authorization.
A digital signature is characterized by a unique feature that is in digital form like fingerprint that
is embedded in a document. The signer is required to have a digital certificate so that he or she
can be linked to the document. Digital signature is often authorized by certification authorities
that are responsible for providing digital certificates that can be compared to licenses or
passports. A digital certificate is used to validate the document to ascertain its authenticity if it
has not been forged. This plays a pivotal role in verifying the identity of the original person with
the signature.28
The two can be categorically differentiated in the following ways:

Purpose
The main purpose of a digital signature is to secure a document so that it is not tampered with by
people without authorization.
An electronic signature is mainly used to verify a document. The source of the document and the
authors are identified.

Regulation
Digital signature is authorized and regulated by certification authorities. These are trusted third
parties entrusted with the duty to perform such task.
Electronic signatures are not regulated and this is the reason why they are less favorable in
different states since their authenticity is questionable29. They can be easily tampered with.

Security
A digital signature is comprised of more security features that are meant to protect the document.
An electronic signature is less secure since it is not comprised of viable security features that can
28
Supra Note 23.
29
http://www.differencebetween.net/technology/difference-between-digital-signature-and-electronic-signature/
be used to secure it from being tampered with by other people without permission.

Types of signatures
Two common types of digital signatures are mainly based on document processing platforms
namely Adobe PDF and Microsoft.
An electronic signature can be in the following forms: scanned image, verbal or a tick can be
used on an electronic document.30 The main idea behind is to identify the person who has signed
the document for contractual purposes.

Verification
A digital signature can be verified to see if the document has not been tempered with. A digital
certificate can be used to track the original author of the document.
It may be difficult to verify the real owner of the signature since it is not certified. This
compromises the authenticity as well as integrity of the document.

Intention
A digital signature is usually meant for securing a document so that it is not tampered with by
unauthorized people. All the same, it is legally binding and preferred since it is authentic by
virtue of its traceability to the owner of the document.
An electronic signature usually shows the intent to sign the document or contract. In most cases,
when people want to enter into a contract, they show their commitment by signing a document
that will become legally binding between them31.

30
https://signeasy.com/blog/electronic-signature-101/esign-vs-digital-sign/
31
Supra Note 29.
 5. OFFENCES RELATING TO ELECTRONIC SIGNATURE

The introduction of the internet has brought tremendous changes to our lives. People of all fields
are increasingly using the computers to create, transmit and store information in the electronic
form instead of the traditional papers, documents. Information stored in electronic forms has
many advantages, it is cheaper, easier to store, easier to retrieve and for speedier to connection.
Though it has many advantages, it has been misused by many people in order to gain themselves
or for the sake or otherwise to harm others. This is the greatest limitation of the digital world,
every day a new technology comes and the very next day comes another technology that can
manipulate the former one. As e-signatures are representative of one’s identity, most the crimes
associated with it are identity-based. Certain specific offences that can be committed with e-
signatures are:

Identity Theft
“Identity Theft”, in common man’s parlance, means the phenomenon of stealing another person’s
identity. It is a form of fraud in which someone pretends to be someone else by assuming that
person’s identity, typically in order to access resources or to obtain credit and other benefits in
that person’s name.32 The victim of Identity theft can suffer adverse consequences if he or she is
held accountable for the perpetrator’s action. It involves making false electronic signatures with
fraudulent purposes etc. Section 66C of the IT Act has provided for the offence of Identity
Theft. Section 66C provides that, whoever, fraudulently or dishonestly make use of the electronic
signature, password or any other unique identification feature of any other person, shall be
punished with imprisonment of either description for a term which may extend to three years and
shall also be liable to fine with may extend to rupees one lakh. 33 The said provision has been
drafted in very generic and broad terms and incorporates therein the fraudulent or dishonest
making use of digital signature, password or any other unique identification feature of any
person.

Misrepresentation
32
https://www.merriam-webster.com/dictionary/identity%20theft.
33
Section 66C, Information Technology Act, 2000.
In simplistic terms, Misrepresentation refers to suppression of vital facts in order to obtain assent
to a contract34 in this case electronic record. When a person suppresses vital facts from the
person giving assent to an electronic deed, it is the misrepresentation. Section 71 of the IT Act
makes misrepresentation in case of e-signatures a punishable offence.
Section 71 provides that- (1) Whoever makes any misrepresentation to, or suppresses any
material fact from, the Controller or the Certifying Authority for obtaining any license or Digital
Signature Certificate, as the case may be, shall be punished with imprisonment for a term which
may extend to two years, or which fine which may extend to one lakh rupees, or with both.
By Section 71, legislature has appreciated that the electronic signature regime in the country
would only be successful if correct particulars and material facts are furnished to the relevant
statutory authorities so as to prevent misuse. 34 A provision like Section 71 is a positive step to
ensure that people give correct and true particulars, to the concerned authorities, while dealing
with Electronic signatures and do not manipulate, misrepresent or suppress material and relevant
facts for ulterior motives or with criminal design.

Publication of False e-signatures

The main objective of section 73 is that no false Electronic Signature Certificates should be in
circulation in the Electronic Signature regime and if anybody is found publishing the same or
making it available, it is a serious matter and the person concerned has to be punished.
Section 73 provides that – (1) No person shall publish a Digital Signature Certificate or
otherwise make it available to any other person with the knowledge that-
a) The Certifying Authority listed in the certificate has not issued it; or
b) The subscriber listed in the certificate has not accepted it; or
c) The certificate has been revoked or suspended unless such publication is for the purpose
of verifying a digital signature created prior to such suspension or revocation.
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with
imprisonment for a term which may extend to two years, or with fine which may extend to one
lakh rupees, or with both.
In Bennett Coleman & Co. v. Union of India 35 Court stated that ‘publication means
dissemination and circulation’. In the context of the digital medium, the term publication
34
https://taxguru.in/corporate-law/offences-penalties-information-technology-act-2000.html
35
1973 AIR 106.
includes transmission of information or data in electronic form.
The offence under Section 73 is non-cognizable, bailable and triable by a magistrate.

Creation of False e-signatures

There are a lot of unscrupulous programmers nowadays that illegally gain access to personal
documents of people and further create false e-signatures. Section 74 of the IT Act makes
creation or publication of false e-signatures a punishable offence for which punishment may
range from two-year imprisonment or fine up to rupees 1 lakh. Corresponding punishment for
this offence is also provided in Section 464 of IPC, 1860. After Information Technology
Amendment Act, 2008, the term ‘electronic signature’ was included in it. The offence under
Section 74 is non-cognizable, bailable and triable by a magistrate.

6. CONCLUSION
Signatures are the identity of an individual. Traditionally, signatures were handwritten with pen
on paper. However with the advent of Digitization, now we can have electronic signatures as
well. The Information Technology Act (IT Act), passed in 2000, grants e-signatures the same
legal status as handwritten signatures. The act focuses on improving the ease of doing business
and refining the storage of records. It also focuses on raising the standards of safety, security, and
cost-effectiveness of records. Indian law recognizes electronic signatures on the same grounds as
that of physical signatures only with a few exceptions. On the other hand, the IT Act, 2000 also
specifies requirements for the validity of electronic signatures.
According to the Information Technology Act in India, the sole authority over e-signatures is the
Central Government. The Central Government holds the authority for declaring reliable
techniques for e-signature. The Central Government could add or remove any technique valid for
electronic authentication. The Delhi High Court has asked the Central Government to introduce
policies on the use of electronic signatures.
This clearly shows that the legal aspects of e-signatures are relatively underdeveloped in India.
However, the IT act outlines the criteria for the legal recognition of e-signature in Section 5. The
section outlines that if the prescribed requirements have been followed, then an electronic
signature is valid just like a handwritten signature. All that is needed is an effort from the Central
Government in clarifying rules regarding Electronic Signature. The Central Government can add
an additional layer of security to Electronic Signature, for instance, by verifying the electronic
signature via sending an OTP at the registered mobile number, or by using geo location, to
capture the IP address, or such other mechanism to track the detail of the electronic device from
where the e-signature has been affixed. Such two-tier verification process will also ensure
authenticity of the signatory.
 BIBLIOGRAPHY

Statutes and Books

 Information Technology Act, 2000
 Information Technology (Certifying Authorities) Rules,2000.
 UNICTRAL Model law on Electronic Commerce.
 Pavan Duggal, “Cyber Law”, Universal Law Publication, 2014 Edition

Jounals and Articles

 International Journal of Academic Research [ISSN: 2075-4124] Vol. 4. Issue 4, 2016.
 Yogesh Kolekar, “Electronic Signature:Legal and Technical Aspect”, available at:
http://www.legalservicesindia.com/article/1827/Electronic-Signature:-Legal-and-
Technicalaspect.html.
 Subodh Asthana, “All you want to know about Electronic Signature”, available at:
https://blog.ipleaders.in/digital-electronic-signature/
https://signeasy.com/blog/electronic-signature-101/esign-vs-digital-sign/

Websites
 https://core.ac.uk/download/pdf/216909726.pdf.
 https://dictionary.cambridge.org/dictionary/english/misrepresentation.
 https://taxguru.in/corporate-law/offences-penalties-information-technology-act-
2000.html.
 https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/ml-
elecsige.pdf.
 https://www.merriam-webster.com/dictionary/identity%20theft.
 https://www.unescap.org/sites/default/files/2_UNCITRAL%20texts%20commerce
%20and%20paperless%20trade.pdf.
 http://www.legalservicesindia.com/article/1827/Electronic-Signature:-Legal-and-
Technicalaspect.html
 https://lunarpen.com/blog/electronic-signature-law-india/