The following classes of documents cannot be e-Signed:

• A negotiable instrument as defined in section 13 of the Negotiable Instruments Act, 1881
• A Power-of-Attorney as defined in section 1A of the Powers-of-Attorney Act, 1882
• A trust as defined in section 3 of the Indian Trusts Act, 1882
• 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
• Any contract for the sale or conveyance of immovable property or any interest in such property
• Any such class of documents or transactions as may be notified by the Central Government in the Official Gazette

A Digital Signature Certificate (DSC) is issued to businesses or individuals for the purpose of digital signing. There are three classes of DSCs issued by the licensed certifying authorities in India:

• Class-I: authenticates email address
• Class-II: most commonly used, requires photograph, copies of proof of identity and address attested by gazetted officer/bank official
• Class-III: requires in-person verification by CA.

Private key for such DSCs are provided in Password or PIN protected USB dongles and need to be renewed. There are 2 classes of Aadhaar eSign issued by licensed certifying authorities in India.

• OTP Class: Authentication happens via. OTP using Aadhaar eKYC
• Biometric Class: Authentication happens via. Fingerprint/IRIS using Aadhaar eKYC

OTP Class Aadhaar eSign facilitated by Digio is equivalent to Class-II DSC

Through the interface provided by Digio, users can electronically/digitally sign any electronic content in the following ways:

• Aadhaar eSign: After authentication with Digio (OTP sent to the entered mobile number and email ID), an OTP is sent to your Aadhaar-registered mobile number. At the backend, the key pair is generated, and a DSC (Digital Signature Certificate) is issued by the CA (Certifying Authority). Digio then applies this DSC to the document, and returns the signed document to the user - all this in a matter of seconds!
• Electronic/Stylus Signature: An OTP for authentication is sent to the entered email ID or mobile number, after which you can draw your signature on the requested document.

The following entities may use DigiSign for e-Signing:

• Any individual with an Aadhaar number (linked to a valid mobile number or verified through a biometric device)
• Any individual or business with a Digital Signature Certificate
• Any individual or business with a Document Signer Certificate

e-Sign is 100% legal.

According to the Information Technology Act (2000), e-signatures are as legally valid as handwritten signatures for most documents. The exceptions are mentioned in the following point.

The following classes of documents cannot be e-Signed:

• A negotiable instrument as defined in section 13 of the Negotiable Instruments Act, 1881
• A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882
• A trust as defined in section 3 of the Indian Trusts Act, 1882
• 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
• Any contract for the sale or conveyance of immovable property or any interest in such property
• Any such class of documents or transactions as may be notified by the Central Government in the Official Gazette.

For more information, please read our Legal Statement, or reach out to us at support@digio.in.