Electronic Signature
A technology-neutral authentication method — broader than digital signature — that includes OTPs, biometrics, and Aadhaar-based eSign, introduced by the IT (Amendment) Act 2008.
Full Definition
The IT (Amendment) Act 2008 introduced 'electronic signature' (Section 3A) as a technology-neutral alternative to the PKI-only 'digital signature'. Any authentication method notified by the Central Government in the Second Schedule qualifies as an electronic signature — provided it is uniquely linked to the signatory, under the signatory's sole control at the time of signing, and allows any post-signing alteration to be detectable. The flagship electronic signature in India is eSign — an Aadhaar-linked service that lets a person electronically sign using their Aadhaar number and OTP or biometric. This democratised electronic signing: no USB token, no annual certificate fee, no Registration Authority visit needed.
In Indian Law
IT Act Section 3A (inserted by 2008 Amendment). MeitY notified eSign under the Second Schedule in 2015. eSign is now widely used for: online loan agreements, insurance policy acceptance, HR onboarding, e-stamping, and government service applications. The Aadhaar Act and UIDAI regulations govern the biometric/OTP authentication backbone for eSign. Electronic signatures have the same legal effect as digital signatures under Section 5.
Related Legal Sections
Frequently Asked Questions
Is an Aadhaar OTP-based eSign legally valid?
Yes. MeitY notified eSign under the Second Schedule to the IT Act in 2015, giving it full legal recognition as an electronic signature. Documents signed via eSign are legally equivalent to those signed with a PKI-based digital signature.