Section 3A of ITA, 2000 : Section 3A: Electronic Signature

Bare Act

3A Electronic signature - (1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which -

• (a) is considered reliable; and
• (b) may be specified in the Second Schedule.

(2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if -

• (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and to no other person;
• (b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;
• (c) any alteration to the electronic signature made after affixing such signature is detectable;
• (d) any alteration to the information made after its authentication by electronic signature is detectable; and
• (e) it fulfils...

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Simplified Act

Simplified Explanation of Section 3A of The Information Technology Act, 2000

Electronic Signatures

(1) Even though section 3 says something different, as long as you follow the rules in part (2), you can use an electronic signature or a way to prove who you are online to sign any digital document. This electronic signature method must be:

• (a) trusted, and
• (b) possibly listed in a specific part of the law called the Second Schedule.

(2) An electronic signature or way to prove who you are online is trusted if:

• (a) it's conne...

Explanation using Example

Let's consider a scenario where John, a subscriber to an online banking service, wants to make a transaction. According to Section 3A of The Information Technology Act, 2000, John can authenticate his transaction using an electronic signature or authentication technique specified in the Second Schedule and considered reliable.

John's bank uses a two-factor authentication technique where John receives a one-time password (OTP) on his re...