Digital Signature and electronic records under the Information technology Act 2000

The Act provides for legal recognition of electronic records and of digital signature.

Written Signature v/s Digital signature
In India the law places a lot of emphasis on written signature.
The written signature binds the person to the writing singed.
The first thing when a person signs is a presumption that the person has read and applied his mind to the content that he is about to sign.
By singing the person authenticates the writing and binds himself.
The person is stopped from repudiating the writing.
By the signature the outside world is able to attribute and associate the writing to the person who has sign it and can rely on it.
In the digital world where there is no scope of handwritten signatures. There is a need of technology by which the world can bind a person, and attribute the electronic record to the person and be sure that the electronic record is not tempered with during the transmission.
There are various technology such as symmetric crypto system, asymmetric crypto system, biometrics system, scanning the handwritten system etc.

Legal recognition of digital signatures u/Act
S/5. Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.
The information technology Act gives legal recognition to electronic records and to digital signature u/s 4 and 5.


© Zarana Khona 2000 e-mail : zarana@indiaitlaw.com