![]() ![]() However, several states (e.g., Maharashtra, Gujarat, Karnataka, Delhi, Uttar Pradesh, Rajasthan etc.) have amended their respective stamp acts to specifically include “electronic records,” as defined under the ITA, under the definition of an “instrument”, thereby extending the requirement of stamping an electronic record.Īn “instrument” includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded. The Indian Stamp Act or any other law in force and effect in India does not address electronic records and the method of stamping electronic records. The Indian Stamp Act or the relevant stamp act applicable to the state requires that certain instruments be stamped at or before the time of execution. Will and any other testamentary disposition by whatever name called andĪny contract for the sale or conveyance of immovable property or any interest in such property. Negotiable instrument such as promissory notes or bills of exchange other than a cheque Certain specific documents or transactions cannot be entered into by using an electronic signature: ![]() Documents That May be Signed ElectronicallyĪn array of commercial agreements can be executed by using an electronic signature except for some as provided under the First Schedule to the ITA. To create a digital signature, a user obtains a digital certificate from a licensed Certifying Authority. The Second Schedule provides that an “electronic signature” or electronic record can be authenticated by using either of the following methodologies:Ī third-party service by subscriber's key pair-generation, storing of key pairs on hardware security modules and creation of digital signature provided that the trusted third party providing such services shall be offered by any of the licensed Certifying Authority. The digital signer certificates are issued by a Certifying Authority recognized by the Controller of Certifying Authorities appointed under the IT Act. There is an audit trail of steps taken during the signing process and The signature creation data or the authentication data were, at the time of signing, under the control of the signatory or the authenticator and of no other person Īny alteration to the electronic signature made after affixing such signature is detectable Īny alteration to the information made after its authentication by electronic signature is detectable The signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or to the authenticator and to no other person Use an authentication technique specified in the Second Schedule to the ITA.Īn electronic signature is considered “reliable” if: To be validly recognized under the ITA, an “electronic signature” must The ITA defines a “digital signature” as the “authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. The ITA defines an electronic signature as an “authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature.” Note that under Indian law, contracts between private parties do not require a signature for validity the only express requirements for validity are those set forth above. It does not require the doing of any act which is forbidden by law. ![]() It provides for mutual consideration between the parties It is entered into by parties as a result of their free will (i.e. It is entered into by parties who are competent to contract The essential elements of a valid contract are set out in Section 10 of the ICA. Whether stamp duty needs to be paid on any particular transaction entered into electronically.Īs a threshold matter, the ITA states that a contract cannot be denied enforceability merely because it was conducted electronically provided the contract fulfills the essential elements of a valid contract under the ICA. What conditions all contracts must meet, including contracts using an electronic signature that does not meet the officially recognized requirements under the ITA and What documents or transactions cannot be entered into electronically What are officially recognized “electronic signatures” in India The relevant laws and regulations surrounding the use of electronic signatures in India are the ITA, the ICA, the ESEATPR, the Indian Stamp Act of 1899 and the relevant state stamp acts.
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