India
From eSignatureLegalWiki.org
| India | |
| Legislation: | Information Technology Act |
|---|---|
| Status: | Enacted |
| Year Enacted: | 2000 |
| Require Smart Cards: | No |
| Require Time-Stamping: | No |
| Excluded Documents: | None |
| Case Law: | None |
Contents |
History
In 2000, India adopted the Information Technology Act.
Overview
Legislation Definitions & Excerpts
According to Chapter II of the Information Technology Act in India 3. (1) Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. (2) The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. making it computationally infeasible— (a) to derive or reconstruct the original electronic record from the hash result produced by the algorithm; (b) that two electronic records can produce the same hash result using the algorithm. (3) Any person by the use of a public key of the subscriber can verify the electronic record. (4) The private key and the public key are unique to the subscriber and constitute a functioning key pair.
Electronic Signature Definitions
"digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3; "verify" in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether— (a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber; (b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature.
Requirements Pertaining to Electronic Signatures
According to Chapter IV, SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES: If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was— (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature.
Excluded Documents
Case Law
- Unknown
References
- [1]: Link to India’s law (official English translation).
