E-Signature Legality in India

India was one of the earliest countries to enact comprehensive legislation for electronic commerce. The Information Technology Act 2000 (IT Act) was passed by the Indian Parliament to provide legal recognition to electronic records and digital signatures. Section 5 of the IT Act establishes that where any law requires a signature, that requirement is satisfied by a digital signature or electronic signature, as applicable.

The original 2000 version of the IT Act recognized only “digital signatures” — a specific type of signature based on asymmetric cryptography using digital certificates issued by licensed Certifying Authorities (CAs) under the Controller of Certifying Authorities (CCA). The 2008 amendment broadened this by introducing the concept of “electronic signatures,” which encompasses any electronic authentication technique that the Central Government may prescribe.

Digital Signatures vs Electronic Signatures Under Indian Law

Indian law distinguishes between two categories of electronic signing:

• Digital Signatures (Section 3) — These use asymmetric cryptography with a private key and a corresponding public key. They require a Digital Signature Certificate (DSC) issued by a licensed Certifying Authority. Digital signatures are required for certain government filings, company law documents (MCA filings), income tax returns, and GST registrations.
• Electronic Signatures (Section 3A, added in 2008) — This broader category includes any electronic authentication method prescribed by the government in the Second Schedule of the IT Act. Aadhaar e-sign is the most prominent example. Electronic signatures are valid for most commercial transactions and everyday business documents.

For everyday contracts, agreements, and business documents, both digital signatures and electronic signatures (including simple e-signatures created by drawing or typing your name) are generally accepted. The key legal requirement is that the signature must identify the signer and indicate their intent to sign the document.

Aadhaar E-Sign: India's Unique E-Signature System

India has developed a unique electronic signature infrastructure tied to Aadhaar, the national biometric identity system. Aadhaar e-sign allows any Indian resident with an Aadhaar number to sign documents electronically by authenticating their identity through OTP (sent to their Aadhaar-linked mobile number) or biometric verification. This system is legally recognized under the IT Act and is widely used for government services, banking, insurance, and telecom applications.

While Aadhaar e-sign is a government-backed solution for identity verification, it is not required for all documents. Simple electronic signatures — such as those created with SigPDF by drawing or typing your signature — remain legally valid for most private commercial transactions and everyday business use.

Exceptions: Documents That Require Specific Signatures

The IT Act, in its First Schedule, excludes certain categories of documents from electronic signature provisions:

• Negotiable instruments — Promissory notes, bills of exchange, and similar instruments under the Negotiable Instruments Act 1881.
• Powers of attorney — As defined in the Powers of Attorney Act 1882.
• Trusts — Documents creating trusts under the Indian Trusts Act 1882.
• Wills and codicils — Under the Indian Succession Act 1925.
• Contracts for sale or conveyance of immovable property — Under the Registration Act 1908 and Transfer of Property Act 1882.

For everyday business documents — contracts, service agreements, NDAs, invoices, offer letters, and employment agreements — electronic signatures are fully valid and enforceable under Indian law.

Privacy and Data Protection in India

India's Digital Personal Data Protection Act 2023 (DPDPA) establishes a modern data protection framework. When you use cloud-based e-signature platforms, your documents are uploaded to third-party servers, potentially exposing sensitive personal and business information.

SigPDF takes a privacy-first approach. Your PDF is processed entirely inside your browser using client-side JavaScript. The file never leaves your device — no upload, no server-side storage, no third-party access. This client-side architecture ensures your documents remain completely private, which is particularly important when signing documents containing sensitive personal data, financial information, or confidential business terms.

How to Sign a PDF in India with SigPDF

1. Open your PDF in SigPDF — click “Choose File” or drag and drop
2. Create your signature by drawing, typing, or uploading an image
3. Place your signature on the document where needed
4. Download the signed PDF — your signature is permanently embedded