LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yashpal   29 August 2021

Validity of the printout of digtially signed affidavit ?

One party has filed a printout of a Digitally Signed affidavit in the court proceedings and has sought exemption from its attestation.

I just want to know, whether it is permissible to file printout of affidavit with Digital Signature ?

if not, then under which provision it is not permitted.

Please guide.

 



Learning

 4 Replies

Rheaa   29 August 2021

The IT act of 2000 granted e-signatures the same legal validity as an written signature. As per section 6 of the IT act, electronic records and signatures can be used by governments and their agencies, hence making them admissible in a court of law. he general rules that have to be complied with under the IT Act for an electronic signature to be considered reliable and presumptively valid are: 1. It must be unique to the signatory; 2. at the time of signing, the signatory must have control over the data used to generate the electronic signature; 3. any alteration to the affixed electronic signature, or to the document to which the signature is affixed, must be detectable; 4. there should be an audit trail of steps taken during the signing process; and 5. The signer certificates must be issued by a certifying authority (CA) recognized by the Controller of Certifying Authorities appointed under the IT Act However section 67A of the Indian Evidence Act prescribes that such a signature must be proven. To be valid an e-signature needs to comply to an authetication. Section 73A of the Evidence Act deals with the Proof as to verification of digital signature. Further the Digital Signature (End Entity) Rules, 2015 also prescribe the manner of authenticating and validating digital signatures.

Manvi Goenka   29 August 2021

E-signatures have become an indispensable tool in the era where there is focus on streamlining the record keeping process, ease of doing business and so on. E-Signature was recognized after the IT Act, 2000. These are equally recognized as traditional wet signatures, subject to few exceptions. Digital Signature Certificates are legally valid as per the Indian law. E-signatures can be used as valid proof of signature under the Indian Evidence (Amendment) Act, 1882. Under Section 2(p) and Section 3 of the Information Technology Act, 2000 digital signatures are considered as reliable, legal and secure. Section 5 of the Act, which explains the legal recognition of the digital signature states that digital signatures can be applied to electronic documents. Under Section 1(4) of the IT Act, 2000, electronic signatures are not applicable to the following documents: 1) Negotiable instruments such as promissory notes, bills of exchange other than a cheque 2) Trust deeds 3) Wills and other testamentary documents 4) Real estate contracts like leases or sale agreement 5) Power of Attorney, etc You can refer to the following provision. Hope this resolves your query.

Swasti Chaturvedi   30 August 2021

First of all, let me tell you the basic definition of an Affidavit. Basically, an Affidavit is a written document consisting of a sworn declaration of facts. It is signed by a person known as Deponent stating that the contents of the affidavit are accurate and correct to the best of his/her knowledge, and that he/she has not hidden any material from the Affidavit. It is duly attested by the Notary or Oath Commissioner. Sub-Section (4) of Section 1 of The Information Technology Act, 2000 states that, “Nothing in this Act shall apply to documents or transactions specified in the First Schedule.” Hence, you are required to go through the First Schedule of the Act according to which following are the documents of transactions to which the IT Act shall not apply: 1. A negotiable instrument (other than a cheque) as defined in Section 13 of the Negotiable Instruments Act, 1881. 2. A power-of-attorney as defined in Section 1A of the Powers-of-Attorney Act, 1882. 3. A trust as defined in Section 3 of the Indian Trust Act, 1882. 4. A will as defined in clause (h) of Section 2 of the Indian Succession Act, 1925, including any other testamentary disposition by whatever name called. 5. Any contract for the sale or conveyance of immovable property or any interest in such property. Therefore, it can be concluded that, notarization and/or registration, cannot be fulfilled by digital means. So, it is not permissible to file a printout of affidavit with Digital Signature because, handwritten signatures are needed for documents that require a notarial process and that must be registered with a Registrar or Sub-Registrar in order to be legally enforceable. You can also check out the IT Act in detail through this link -https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf

Suveera Patil   29 June 2022

Information Technology Act, 2000 marked the beginning of India's digital era. A Digital Signature Certificate (DSC) is recognized as a legally valid digital signature under the IT Act. Licensed Certifying Authorities (CAs) under the Ministry of Information Technology can issue a Digital Signature Certificate, which is a statutory requirement for valid digital signatures. Digital Signature Certificates can be issued, suspended, and revoked by the Certifying Authority. Using DSC is just as valid and authentic as any traditional signature. E-signatures can also be considered proof of an electronic agreement under the Indian Evidence Act, 1882. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query