An electronic signature (e-signature) is a digital form of signing a document or agreement electronically, rather than using a handwritten signature on paper. It is widely used to sign contracts, agreements, forms, and other legal documents online.
Types of Electronic Signatures
- Simple Electronic Signature (SES) – Basic electronic signatures like typing your name, checking a box, or using a scanned signature.
- Advanced Electronic Signature (AES) – Secure digital signatures with identity verification, such as PINs, passwords, or biometric data.
- Qualified Electronic Signature (QES) – The most secure type, using digital certificates issued by a trusted authority, legally equivalent to handwritten signatures in many jurisdictions.
How Does an Electronic Signature Work?
- A user uploads a document to an e-signature platform (e.g., Adobe Sign, DocuSign).
- The signer receives a link to the document via email.
- The signer electronically signs using a mouse, stylus, or touchpad, or by typing their name.
- The system records the signing details (IP address, timestamp, etc.) for security.
- A signed copy is generated, often with an audit trail for verification.
Electronic Signature under Indian Law
- Electronic Signature has been brought into existence under Section 3A by the Information Technology (Amendment) Act, 2008.
- Section 5 of the Information technology Act, 2000 considers the e-signature on par with physical signatures when they are done in the manner prescribed.
- They are also admissible as evidence in the court of law as per Section 65-B of the Indian Evidence Act, 1872.
- Section 67A of the Indian Evidence Act, 1872 says that a signatory has to demonstrate that the electronic Signature belongs to him in case of any dispute related to e-signature on any document arises.
- Section 66C of the Information Technology Act, 2000 renders punishment and penalty for identity theft, which also includes an electronic signature.
Digital Signature
A digital signature is a type of electronic signature that is encrypted and assures a signer’s identity. The Digital Signature is usually authorized because trusted authorities conduct verification of a digital signature. The best part about a digital signature is that it is more secure as compared to an electronic signature.
Difference between Electronic Signature and Digital Signature
| Sl.No. | Feature | Electronic Signature | Digital Signature |
| 1. | Purpose | An electronic signature is utilized for verifying a document. | A digital signature is used for securing a document. |
| 2. | Verification | The verification of the electronic signature is not functioned by any trusted authorities. | The verification of a digital signature is performed by authorities or trusted service providers. DSC can be easily validated |
| 3. | Security | It is less secure as compared to the digital signature. The involvement of security features is minimal. | It is more secure than electronic signatures. The involvement of security features is good. |
| 4. | Authorization | This type of signature is generally not authorized. | This type of signature is guaranteed authorized. |
| 5. | Usage | Common types of electronic signatures are verbal, electronic ticks, or scanned signatures. | Digital signatures are commonly based on Adobe and Microsoft. |
| 6. | Integration of coding | It does not integrate any standards and coding. | The digital signature includes encryption standards. |
| 7. | Advantages | Easy to use but the degree of evidential value is lower | Preferred over an electronic signature because of its higher level of authentication |
FAQs
Are Electronic Signatures Legal?
- India – IT Act, 2000
- USA – ESIGN Act & UETA
- EU – eIDAS Regulation
- UK – Electronic Communications Act, 2000
Benefits of Electronic Signatures?
Convenience – Sign from anywhere, anytime.
Speed – Faster document approvals without physical paperwork.
Security – Encryption and authentication prevent tampering.
Cost-Effective – Saves money on printing, scanning, and courier services.
Legally Valid – Recognized in many countries under laws like the IT Act, 2000 (India) and eIDAS (Europe).
