Section 10

Section 10 is the rule-making foundation for India's technology-neutral electronic signature framework. It empowers the Central Government to prescribe, by rules, the specific types of electronic signatures that are legally recognised under the IT Act, the manner and format of affixing them, the identification procedures that must be used, control processes for security and confidentiality, and any other matter necessary to give electronic signatures legal effect. The significance of this provision is that it operationalises the technology-neutral promise of the 2008 Amendment. Section 3 of the IT Act recognises digital signatures (asymmetric cryptography-based DSCs), but Section 3A (inserted in 2008) opened the door to other types of electronic signatures. Section 10 is the mechanism through which additional signature types are formally prescribed and receive legal recognition. Under Section 10, the Information Technology (Electronic Signature or Electronic Authentication Technique and Procedure) Rules 2015 were notified — these Rules recognise additional electronic signature types including Aadhaar-based e-KYC signatures (e-sign), OTP-based authentication signatures, and other techniques as prescribed. This framework has enabled the mass-scale electronic signing infrastructure used in India today — from signing loan agreements on NBFCs' apps to digitally executing government service applications. Section 10(d)'s control processes requirement ensures that the rules address not just the signature mechanism but the surrounding security architecture that protects the integrity of the entire electronic transaction.