Section 15

Section 15 defines the conditions under which an electronic signature qualifies as a 'secure electronic signature' — a status with heightened evidentiary value under Indian law. Two conditions must be satisfied simultaneously. First, at the time of affixing the signature, the signature creation data (the private key or equivalent cryptographic material) must have been within the exclusive control of the signatory and no other person. This condition focuses on key custody: if a private key was shared, compromised, or accessible to others at the time of signing, the signature cannot be deemed 'secure' under this provision. This is why subscriber duties under Section 40A (private key protection) are legally significant — failure to protect the private key breaks the Section 15 security conditions. Second, the signature creation data must have been stored and affixed in the prescribed exclusive manner — meaning the technical implementation must comply with the security procedures and standards prescribed under Section 16. A Digital Signature Certificate-based signature (using the DSC system under Chapter VI) that is properly managed will typically satisfy both conditions and will qualify as a secure electronic signature. The legal benefit: the Indian Evidence Act / Bharatiya Sakshya Adhiniyam presumptions for secure electronic signatures mean a court will presume the signatory affixed the signature and that the signed record was not altered — a powerful evidentiary advantage in disputes over electronic contracts and documents.