Electronic signatures in India: the IT Act 2000, eSign and what's excluded

Indian businesses sign a huge volume of documents online, from employment offers to vendor agreements and customer terms. The legal basis is the Information Technology Act, 2000, which treats some signing methods differently from others. Understanding that difference, and the documents the Act leaves out, is the key to using e-signatures well in India.

For a comparison with other countries, see our e-signature legality overview and the guide Are electronic signatures legal around the world?.

Are electronic signatures legal in India?#

Yes, for most commercial agreements. The Information Technology Act, 2000 (the IT Act) gives legal recognition to electronic records and electronic signatures, and it says that a contract formed through electronic means shouldn't be treated as unenforceable just because it was formed that way.

The detail matters, though. Where a law requires a document to be signed, the IT Act lets that requirement be met by an electronic signature, but only by methods the Act recognises. Those methods are listed in its Second Schedule, and today they mainly cover digital signatures based on a certificate and Aadhaar eSign (e-authentication using Aadhaar or other e-KYC services).

So in practice there are two situations:

• A law requires a signature. A Second Schedule method, such as Aadhaar eSign or a digital signature certificate (DSC), is the safer choice.
• No law requires a particular signature. Many everyday agreements fall here. A contract can be formed and accepted electronically, and a simple e-signature can serve as evidence of agreement, though it doesn't benefit from the statutory presumptions that recognised methods enjoy.

Types of electronic signatures recognised#

• Digital signatures created with a certificate issued by a licensed Certifying Authority, typically on a token or through a signing service.
• Aadhaar eSign, an online signing service in which the signer authenticates with Aadhaar-based e-KYC through a licensed eSign service provider.
• Other electronic methods, such as a typed or drawn signature or a click to accept. These aren't listed in the Second Schedule, so their weight depends on the surrounding evidence.

Signkoi falls in the third group. It provides simple electronic signatures backed by strong evidence; it doesn't offer Aadhaar eSign or digital signature certificates.

Documents that often still need wet ink, a notary or a certified signature#

The IT Act's First Schedule excludes these documents from its scope:

• Negotiable instruments, other than cheques, such as promissory notes and bills of exchange.
• Powers of attorney.
• Trusts.
• Wills and any other testamentary disposition.
• Contracts for the sale or conveyance of immovable property, or any interest in it.

Two other rules often come up:

• Stamp duty. Many agreements are subject to stamp duty under state stamp laws, whether signed on paper or electronically. Several states offer e-stamping, but rules differ, and a document that hasn't been properly stamped may run into problems when you try to rely on it as evidence.
• Registration. Documents that must be registered under the Registration Act, 1908, such as many property transfers and longer leases, go through the sub-registrar's office.

Collecting good evidence with simple e-signatures#

Indian courts accept electronic records, and the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act from July 2024, sets out how they are proved. That usually includes a certificate about the record and how it was produced. For a simple e-signature, the evidence around the signature does a lot of work. With Signkoi, every completed document includes:

• A deliberate signing step. Each signer draws, types or uploads a signature and agrees to sign electronically.
• A sealed PDF. A tamper-evident seal and a trusted timestamp make later changes detectable.
• An audit trail. Sending, opening and signing events are logged with times, IP addresses and browser details, and summarised in a certificate of completion.
• Optional identity checks. Ask signers to enter an access code you share separately, or a one-time code sent to their email.
• Independent verification. Anyone holding the PDF can check it at signkoi.com/verify.

How to send a document for signature in India with Signkoi#

1. Check that the document isn't on the First Schedule list and doesn't legally require a Second Schedule signature, and deal with any stamp duty first.
2. Upload your PDF, or start from a template.
3. Add your signers, set a signing order if needed, and place signature and other fields.
4. Set reminders, an expiry date and, for important documents, an access code or email one-time code.
5. Send. Recipients sign in their browser with no account, and Signkoi's interface is available in Hindi and English, among 12 languages.
6. Download the sealed PDF and certificate of completion and keep them with your records.

Frequently asked questions#

Is a simple e-signature valid in India?#

For agreements where no law requires a particular kind of signature, a contract can be formed electronically and a simple e-signature can help prove it. It doesn't get the statutory presumptions that Aadhaar eSign or a digital signature certificate do.

Can I sign a rental agreement electronically?#

Be careful. Rental agreements usually attract stamp duty, and longer leases must be registered. Leases are also an interest in immovable property, an area the IT Act's exclusions touch on. Get local advice on the right process.

Can employment offer letters be signed electronically?#

Offer letters and employment contracts are widely signed electronically in India. Check whether stamp duty applies to your agreement in the relevant state, and keep the signed PDF and audit trail.

Not legal advice#

This guide is general information, not legal advice. Rules differ between states and change over time, and using Signkoi doesn't guarantee that a particular signature will be valid or enforceable in your situation. For important or regulated documents, talk to a qualified Indian lawyer.