Enforceability Of Electronic Documents: Authentication And Applicability Of Electronic Signature
- IJLLR Journal
- 1 hour ago
- 1 min read
M Sanjana, School of Law (Christ Deemed to Be University)
ABSTRACT
The central aim of this paper is to examine the enforceability, and authentication of electronic documents and signatures in India, with particular reference to the Information Technology Act, 2000. The research addresses challenges like judicial ambiguities and procedural difficulties stemming from differing evidentiary standards for electronic and digital signatures. The study clarifies the distinction, noting that electronic signatures are a broad legal category, while digital signatures are a more secure, cryptography-based subset. The methodology involves a close examination of statutory definitions, procedural hurdles, and a comparative study of the Indian system with international models like the EU's eIDAS Regulation and the US's ESIGN Act. This comparative approach highlights the contrast between technology-, neutral and technology-specific legal frameworks. The paper's findings reveal that while India's legal structure provides a foundation for digital transactions, it has failed to keep pace with rapidly evolving technologies. The heavy reliance on Public Key Infrastructure (PKI) for digital signatures has created legal uncertainty regarding the recognition of newer authentication techniques, such as biometrics and, blockchain-based mechanisms. These gaps in the law pose significant risks of fraud and disputes, which can undermine trust in the entire digital ecosystem. The paper concludes by recommending crucial reforms to the IT Act. It advocates for technology-neutral reforms and a specific legal framework for recognizing blockchain-based signatures. These changes are deemed critical for aiming digital trust and supporting secure, modern digital commerce in India.
Keywords: Electronic Signature, Digital Signature, Authentication, Enforcement of Document, Information Technology Act, 2002, Bharatiya Sakshya Adhiniyama, 2023.
