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Aadhaar eSign was introduced to address the need for a scalable and user-friendly electronic signature solution in India. Aadhaar eSign aligned with the government's Digital India initiative, aimed at promoting digital literacy and facilitating digital transactions across the nation.
Aadhaar, the unique biometric identification system in India had already gained widespread acceptance and coverage across the country. Integrating electronic signatures with Aadhaar made it easier to leverage the existing infrastructure and reach a vast user base.
With Aadhaar eSign, Individuals can use their Aadhaar number and registered mobile number to sign documents electronically. The eSign service utilizes the Aadhaar-based e-KYC (Know Your Customer) authentication to verify the identity of the signer. Aadhaar eSign offers a convenient and legally recognized method for signing documents electronically in compliance with the Information Technology Act, 2000.
Aadhaar eSign is a service provided by the Unique Identification Authority of India (UIDAI). The platform involves authenticating the signer's Aadhar credentials and obtaining their consent to sign the document. This process may require the signer to enter their Aadhar number, OTP (One-Time Password),and/or biometric verification, depending on the implementation.
All you need is your Aadhaar Number and linked phone or email id to sign contracts. Each signature is uniquely tied to your Aadhaar making it super secure. It is like having your fingerprint on every document but without the ink.
Aadhaar eSign obtained legal recognition when it was included in the Second Schedule of the IT Act through Gazette Notification No. 2015 Jan – GSR 61(E), dated January 27, 2015. This notification was titled "Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2015.
This is the primary legislation in India that governs electronic transactions and provides legal recognition to digital signatures. It defines digital signatures, lays down the framework for their use, and establishes the role of Certifying Authorities. The Act recognizes digital signatures as a valid form of authentication and deems them to have the same legal standing as hand written signatures.
Section 3A: outlines the essential requirements for a valid electronic signature.
Section 4: Provides legal recognition to electronic records, establishing their validity in the eyes of the law.
Section 5: Provides legal recognition to electronic signatures. According to this provision, if any law requires a document to bear the physical signature of the concerned individual, such authentication can be considered valid if it is accomplished through a digital signature, following the prescribed methods set by the Central Government.
Section 10A: Confers validity to contracts formed through electronic means, reinforcing the legal acceptance of agreements conducted electronically.
The Evidence Act 1872 contains provisions that provide a strong legal basis for the acceptance and admissibility of e-signatures as evidence in Legal proceedings. They ensure that electronic records with e-signatures are treated on par with physical documents signed by hand, thus facilitating the transition to a digital and paperless environment.
Section 47A: Opinion as to Digital signature, when relevant: When the Court has to form an opinion as to the Electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.
Section 59A: This provision was inserted into the Evidence Act in 2018 and states that any document containing an electronic signature, as defined in the Information Technology Act, 2000, shall be deemed to be a document duly signed. This provision recognizes the legal validity of e-signatures in the same manner as physical signatures.
Section 65A: Special provisions as to evidence relating to electronic record: This section deals with the admissibility of electronic records and provides that electronic records, including those with e-signatures, can be admitted as evidence in court. The section specifies the conditions under which electronic records can be deemed as primary evidence.
Section 65B: Admissibility of electronic records: This provision sets out the requirements for the admissibility of electronic evidence, including e-signatures. It specifies the conditions for the authenticity of electronic records and requires a certificate to be produced, confirming the accuracy of the electronic record and the integrity of the e-signature.
Section 85A: Presumption as to electronic agreements: This section states that where a document is required by law to be signed or attested, an e-signature can fulfil that requirement. It recognizes the legal validity of e-signatures in fulfilling the signature or attestation requirement for documents.
Section 85B: Presumption as to electronic records and electronic signatures.
Section 85C: Presumption as to electronic signature certificates.
Aadhaar eSign offers its unique digital signature benefits to a wide range of industries in India. It offers a secure and convenient way to sign documents digitally and its versatility makes it suitable for a wide range of industries. Here are some of the key industries that leverage Aadhaar eSign:
Exclusion: It is important to note that while Aadhaar eSign can be used for a wide variety of documents, there are a few exceptions listed in Schedule I of the IT Act 2000 such as wills, negotiable instruments and documents related to the sale of immovable property.
1. The Chief Regulator:
Controller of Certifying Authorities (CCA): This government entity, under the Ministry of IT oversees the entire eSign ecosystem in India. It sets standards, issues licenses and ensures compliance.
2. The ID Provider:
Unique Identification Authority of India (UIDAI): This authority manages the Aadhaar database and provides secure identity verification services during the eSign process. They confirm the signer's identity using Aadhaar data.
3. The Certificate Issuers:
Certifying Authorities (CAs): Only two CAs are currently authorized to issue eSign certificates for online Aadhaar use: NSDL e-Governance Infrastructure Limited (NSDL e-Gov) and Centre for Development of Advanced Computing (C-DAC). These certificates bind the signature to the signer's Aadhaar identity.
4. Application Service Providers:
Application Service Providers like Contractzy provide user-friendly tool and interface for individuals and businesses to easily eSign contracts.
In general, electronic signatures, including Aadhaar eSign, are designed to be secure and tamper-evident. They use cryptographic techniques to ensure the integrity of the signed document and the identity of the signer. When a document is electronically signed using Aadhaar eSign, it creates a unique digital signature that is linked to the signer's Aadhaar number. Copying an Aadhaar eSign from one document to another is not supposed to be feasible without compromising the cryptographic security mechanisms in place. If someone attempts to copy an eSign from one document and paste it onto another, the cryptographic verification process should fail, as the digital signature won't match the content of the new document.
Got an Aadhaar eSigned document you need to use in court? Don't worry, it's just like any other piece of evidence! Here's what you need to know:
1. Follow the Rules: Section 65B of the Indian Evidence Act talks about how to handle electronic evidence. Make sure your document meets its requirements.
2. Gather Proof: Keep records of the eSigning process, like timestamps and confirmations. This helps prove the document's authenticity.
