Frequently asked questions

All you need to know about our document infrastructure in one place

What is Aadhaar eSign?

Aadhaar eSign is a safe, secure, convenient and legally valid method of digitally signing documents in India.

Aadhaar eSign has been notified as a valid mode of electronic signature under Schedule II of the Information Technology Act, 2000.

With Aadhaar eSign, a signer can eSign documents using just a phone and their Aadhaar number. This makes it significantly more convenient and accessible than the USB Drive Based “digital signature token” system.

Today, Banks, NBFCs, Insurance Companies, MNCs, Government agencies and even the Supreme Court use Aadhaar eSign in their daily operations as a replacement for physical signatures.

How does Aadhaar eSign work?

The specific mode and manner in which an Aadhaar eSign works is specified by the Controller of Certifying Authority e-Authentication Guidelines

However in essence, Aadhaar eSign works in the following way:

1)     Signers access a front-end where they can view the document and click on a signing link. This front-end and signing link is provided by a recognised entity known as an Application Service Provider.

2)    Once they click on the signing link, Signers are redirected to an eSign portal maintained by a regulated entity known as an eSign Service Provider.

3)    On the portal of the eSign service provider, signers enter their Aadhaar number and perform an authentication – either via OTP, Biometric or Iris. The authentication is conducted by UIDAI and result is relayed to the ESP

4)    If the authentication is successful, the eSign Service Provider places a request for electronic signature with the Certifying Authority which relays a signature certificate back to the eSign Service Provider. This is an instantaneous process.

5)     The eSign Service Provider passes the electronic signature certificate to the ASP who facilitates the affixture on the document.

Note: By law, the eSign Service Provider and Certifying Authority are owned and operated by the same entity.

NSDL – one of the ESPs/CAs for Aadhaar eSign has a very good diagram illustrating this flow Click to see the flow

Aadhaar based electronic signatures are even more legally secure than physical signatures due to the presumptions existing in favour of the authenticity and correctness of electronic signatures under Sections 67A, 85A, 85B, 85C and 90A of the Indian Evidence Act, 1872. For more details on the enforceability of Aadhaar eSigns, please see our response to “Are Aadhaar eSigns admissible in Court?” Additionally, the benefits that Aadhaar eSign provides includes convenience and security to your signatories, while your organisation can save on time, achieve streamlined processes and reduce the costs and risks associated with handling and storage of paper.

What is a Certifying Authority?

Certifying Authorities (also known as Certificate Authorities in other regions) are third-party organisations trusted to issue electronic signature certificates. In India, Certifying Authorities are granted a license to issue electronic signature certificates under Section 24 of the IT Act, 2000. For Aadhaar eSign, the Certifying Authority provides the electronic signature certificate on the basis of a real-time Aadhaar authentication facilitated by the eSign Service Provider. The eSign Service Provider and the Certifying Authority are owned and operated by the same entity.

What does an Aadhaar eSign look like?

Visually the Aadhaar eSign appears as a “text with timestamp” on your signed documents.


If you double-click on the image OR “View Certificates” on your PDF reader – you will be able to view the electronic signature certificate details for the Aadhaar eSign.

On Leegality, we also show the electronic signature certificate details for Aadhaar eSign in our Audit Trail.

Is Aadhaar eSign legal / Are electronic signatures legally recognised in India?

Yes, Aadhaar eSign is legal in India. The Central Government vide Gazette Notification No. 2015 Jan -GSR 61(E) entitled “Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2015” dated January28, 2015, added Aadhaar eSign to the second schedule of the IT Act – thereby making it a legally recognised electronic signature in India.

Section 5 of the Information Technology Act provides electronic signatures the legal validity equivalent to that of physical signatures.

The Supreme Court of India, in its landmark judgment in the case of K.S. Puttaswamy v. Union of India, relating to the constitutionality of the Aadhaar Act, on September 26, 2018 ruled that while the Act is constitutional, the use of Aadhaar authentication under Section 57 of the Act is unconstitutional in cases where it is not permitted by law. Consequently, the Central Government approved ‘The Aadhaar and other Laws(Amendment) Ordinance, 2019’ (dated March 2, 2019), which was later replaced and repealed by the ‘Aadhaar and other Laws (Amendment) Act, 2019’. This amendment to the Aadhaar Act omitted Section 57 and amended Section 4, explicitly allowing Aadhaar authentication if permitted by any other law (in line with the Supreme Court’s Order). In both these cases, Aadhaar authentication based eSign continues to be valid, as it is permitted under the IT Act, 2000.

Aadhaar eSigns work under the regulatory framework set up by the sector regulator - Controller of Certifying Authorities (CCA), Ministry of Electronics and Information Technology, Government of India. On May 3, 2019 the CCA issued revised e-authentication guidelines explicitly recognising two modes of user verification for Aadhaar eSign – Online Aadhaar eKYC authentication and the Offline Aadhaar eKYC verification.

Are Aadhaar eSigns admissible in court?

Yes, Aadhaar eSign based electronic signatures are fully admissible in court. Secure electronic signatures, such as Aadhaar eSign, have the highest degree of enforceability under the Indian Evidence Act, 1872 when compared to wet-ink signatures or other electronic means of authentication (such as click-wrap). The following provisions of the Evidence Act demonstrate the enforceability of agreements executed through an Aadhaar eSign:

·       Section 67A: In cases of secure electronic signatures such as Aadhaar eSign, you do not need to prove that the electronic signature affixed on the document indeed belonged to your signatory.

·       Section 85A: Electronic agreements containing an electronic signature like Aadhaar eSign will be presumed to have been finally concluded by affixing the electronic signature of parties.

·       Section 85B: Under sub-section (1), the integrity of an electronic document which has been signed using a secure electronic signature like Aadhaar eSign is presumed. This means that courts will presume that the document has not been altered since the Aadhaar eSign was affixed. Furthermore, under sub-section (2) it is presumed that a secure electronic signature is affixed by the signatory with the intention of signing or approving the electronic document.

·       Section 85C: It is presumed that the information contained in an Electronic Signature Certificate is correct.

As per Section 47A of the Indian Evidence Act 1872, the opinion of the issuing Certifying Authority is a relevant fact for the court to make an opinion as to the electronic signature of the person. Both Leegality and its Certifying Authorities(NSDL, Verasys, CDSL, CDAC via NeSL), maintain full transactional logs to assist and certify any transactions carried out through us for adjudication purposes. The manner and procedure of how the same have to be submitted is laid down under Sections 65A and 65B of the Indian Evidence Act, 1872. Thus, all documents digitally signed through Aadhaar eSign using our platform are completely admissible, and in cases of disputes, both Leegality and our Certifying Authorities(NSDL, Verasys, CDSL, CDAC via NeSL) can issue any kind of required certificates.

Can I execute my agreement through Aadhaar eSign?

Yes. Aadhaar eSign is a prescribed and completely legally compliant type of electronic signature under law and thus all agreements executed with Aadhaar eSign are completely legally acceptable and enjoy a high degree of legal enforceability. For more details, please see our responses to “Is Aadhaar eSign legal?” and “Are Aadhaar eSigns admissible in Court?” 

What are the benefits of using Aadhaar eSign based digital signatures over other alternatives?

Compared to existing digital signature alternatives

The traditional digital signature alternative of a DSC Token eSign is problematic because:

1)     It requires purchase of a physical USB token device

2)    A signatory has to go through an ornate, multi-step KYC process to obtain the device

3)    It only works on desktop/laptops and not on mobile

4)    The process of signing involves multiple, often faulty, steps

This process is not scalable across the general population – and as a result DSC tokens are used only by a small sliver of the professional class. If you relied on DSC token eSign you would not be able to digitise 99% of your customer/partner/vendor facing document flows.

Aadhaar eSign solves these issues because:

1)     Signatories can eSign with their Aadhaar number – they don’t need a physical device

2)    Can be performed on a mobile phone with a working data connection

3)    Is a simple 2 touch process involving an OTP authentication - which most people in India are used to

Aadhaar eSign is therefore very user-friendly and easily scalable – and can be used for most, if not all, of your documentation.

Compared to other electronic authentication types

Non-eSign modes of electronic authentication like Click-wrap, Exchange of emails, physical image capture are quite risky and inconvenient because:

1)     They don’t ensure the identity of the signer at the time of execution

2)    They are hard to prove in Court

3)    They are operationally inconvenient

Aadhaar eSign on the other hand:

1)     Ensures the identity of the signer

2)    Is covered by presumptions of validity under the Evidence Act

3)    Is operationally smooth

What documents can be signed through Aadhaar eSign?

Aadhaar eSign can be used to eSign all types of documents.

The only exceptions are documents mentioned in Schedule I of the Information Technology Act, 2000 – which are:

1.      A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instrument Act, 1881 (26 of 1881).

2.     A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882(7 of 1882).

3.     A trust as defined in section 3 of the Indian Trust Act, 1882 (2 of 1882).

4.     A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of1925), including any other testamentary disposition by whatever name called.

5.     Any contract for the sale or conveyance of immovable property or any interest in such property. 

Where can I get information relating to signatures affixed on my document?

As soon as your document gets signed by all the required parties, Leegality will issue what is known as the ‘audit trail’ for that document to you and all your signatories. The audit trail is an authenticated document containing the logs relating to the signing transactions on the document, capturing all the relevant details of the signer – from the time a signing invitation is opened by the first signer till the last signer completes his signature. It contains details like the timestamp of the signatures, the public IP of the signers, stamp paper details, location of the signers while performing the signature etc.

The audit trail is digitally signed by our servers and helps improve trust in the documents signed through our platform. Our audit trail qualifies as a ‘secure electronic record’ under the Indian Evidence Act, 1872, making it easy to produce as evidence in a court of law. We continually improve the standards used to issue Audit Trails of documents and use Industry Best Practices to ensure reliability and trust in documents signed through our platform.

How do I obtain Aadhaar eSign?

For Online Aadhaar eSign – your eSign is generated in real-time upon performing an authentication of your Aadhaar number. See "How does Aadhaar eSign work?" for more details.


For Aadhaar XML eSign – you can obtain your Aadhaar XML eSign through a multi-step KYC and download process from any Certifying Authority which provides such a facility.

We’ve prepared a short but comprehensive video detailing this process.

Who all can sign via Aadhaar eSign?

Anyone can sign via Aadhaar eSign, provided:

1)     They have a valid Aadhaar number

2)    This Aadhaar number is linked to their phone or email OR has Biometrics enabled

3)    They have access to their registered phone or email OR have access to a Biometrics Authentication device

How is stamp duty paid for such digital agreements?

Leegality provides a digital stamping service called Bharat Stamp. Through Bharat Stamp, you can digitally affix stamp paper from 25+ States  on your digital instruments quickly and easily.

Currently more than 500+ Businesses use Bharat Stamp for their stamping needs.

For more information/details, please see our Digital Stamping FAQs

What is the evidentiary status of digital documents in India?

In India digital documents have the same evidentiary status as physical documents. “Evidence” as per the Indian Evidence Act, 1872 includes all documents, including electronic records. The definition of an “electronic record” in the Evidence Act is the same as the definition in the IT Act, 2000 – where an “electronic record” has been defined to include digital documents.

Additionally, Section 4 of the IT Act, 2000 entitled “Legal recognition of electronic records” states that any document which by law needs to be in written, typewritten or printed form, such a requirement will be deemed to have been satisfied if the document has been provided in an electronic form.

The manner and procedure of submitting such electronic records as evidence is laid down under Sections 65A and 65B of the Evidence Act.

For more information please see our Section 65B FAQs

For loan agreements, is there a cap on ticket size for which Aadhaar eSign can be done?

No, there is no cap on ticket size. Aadhaar eSign can be used for loan agreements of any value.

Can my organization’s authorized signatory eSign with Aadhaar eSign?

Yes, authorised signatories can eSign with Aadhaar eSign provided they have:

1)    A valid Aadhaar

2)   Aadhaar linked to phone/email OR biometrics

3)   They have access to Aadhaar linked phone/email OR biometrics device

Leegality also offers a digital rubber seal feature – through this feature your authorised signatory’s signatures will be accompanied by a custom rubber seal of your organisation visible on the electronic documents being signed.

What is stamp duty?

Stamp Duty is a form of “tax” levied by the Government on the execution of instruments.

Instruments that are stamp-able are listed in the Indian Stamp Act, 1899 or in respective state stamp acts (such as The Maharashtra Stamp Act and The Karnataka Stamp Act).

What is an instrument?

Under Indian stamping laws, an “instrument” means any “document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded”.

The Indian Evidence Act, 1872, defines a “document” to mean “any matter expressed or described upon any substance by means of letters, figures or marks or by more than any of those means, intended to be used or which may be used for the purpose of recording that matter.”

This wide definition also covers “electronic records” as defined in Information Technology Act, 2000 i.e., data, record, image, sound that is generated, stored, received or sent in an electronic form.

Essentially, any form of agreement, conveyance or deed – whether physical or electronic -  would classify as an “instrument” under stamping laws.

What is meant by execution of instruments?

Under the Indian Stamp Act – execution of an instrument is complete when all parties have “signed” it.

For electronic records, documents are “signed” in one of 2 ways:

a)     By way of electronic signature

b)    By way of any electronic authentication methods

In an electronic flow – execution is deemed to have been complete after the second party signs the document.

When is stamp duty payable?

Most States require stamp duty to be paid before or at the time of execution of the document

In some States, for example Maharashtra can also be stamped on the next working day after execution.

If the stamp-able instrument is executed out of India (not being a bill of exchange, or promissory note), then it must be stamped within three months after it has been first received in India.

How do I pay stamp duty?

Stamp duty is paid by “stamping” instruments that are being executed.

The process of stamping involves 3 steps:

1)     Payment

2)    Defacement

3)    Affixture


There are 3 modes of payment:

a)     Purchase of eStamp paper

b)    Purchase of adhesive stamps i.e normal stamp paper

c)     Franking an instrument

The availability of the above modes varies from State to State. For example, Karnataka only allows purchase of eStamp paper and franking, Delhi allows only eStamp paper, while Bihar currently only allows adhesive stamps.

Barring Haryana – where stamp paper is 100% digital– all other States give you stamp paper in a physical form.


Once stamp paper is purchased – it needs to be defaced in a way that ties it to the instrument being executed. The purpose of this is to prevent the stamp paper from being duplicated and used for two different instruments.

There are 2 common modes of defacement:

1)     Printing part of the agreement on the stamp paper

2)    Writing a legend on the physical stamp paper – describing the instrument for which the stamp paper is being used


After a stamp paper is defaced – it needs to be affixed to the instrument. This is usually done by making the stamp paper (or stamp papers – in case multiple stamps are used) the first page of the agreement set.

Can I pay stamp duty electronically?

To avoid the operational hassles of physical stamping, Leegality has built BharatStamp– the first system in India that allows you to stamp documents digitally in a legally compliant manner.  

Through BharatStamp, you can affix stamp papers digitally in a secure, legally compliant manner.

Is Leegality’s BharatStamp legal? Doesn’t stamping need to be physical?

Yes. BharatStamp is completely legal and is currently being used by more than 500+ companies across India

None of the stamping laws in India prohibit or bar digital affixture of stamp papers. The only reason stamping has been conventionally physical is because most States have not operationalised digital modes of affixture and not because of any legal bar.

All stamping laws require is for the conditions of ‘defacement, payment and affixture’ to be complied with.

In fact, the State of Haryana has rolled out a 100%digital stamping system – without amending its stamping laws.

Under Section 4 of the IT Act – an electronic copy of a physical document will have the same equivalence as the physical original as long as the physical copy is still accessible for any subsequent reference.

Leegality’s BharatStamp ensures compliance with these requirements by:

1)     Purchasing stamps ONLY from government authorised vendors

2)    Ensuring defacement happens on the physical copy of the stamp paper

3)    Affixing ONLY the digitally rendered copy of the physical, defaced stamp paper

4)    Sending the physical copies (along with defacement) to your organisation for future reference

For more details about our stamping process, please contact us here

What are the consequences of not paying the appropriate stamp duty?

Any or all of these consequences may follow if a stamp-able document (including electronic document) is not stamped or not appropriately stamped–

1. It cannot be admitted in evidence before any person having by law (such as courts), or by consent of parties (such as an arbitrator) authority to receive evidence;

2. It cannot be acted upon, registered or authenticated by a public officer (such as for registration);

3. If presented in evidence or to a public officer, these documents can also be impounded;

4. Stamp authorities may levy a penalty which is generally an ad valorem rate, and the maximum penalty could range from between twice the deficient stamp duty to up to ten times;

5. Intentional evasion of stamp duty could also attract imprisonment of up to 6 months; and

6. Authorities may enter upon any premises or seek access from any public officer having custody of registers, books, records, documents, and may seize and impound unstamped documents (including electronic documents).

How do I calculate stamp duty payable on a particular instrument?

In India, the Central Government decides the rates of stamp duty on certain instruments such as bills of exchange, cheques, promissory notes etc. under the Indian Stamp Act, 1899, while the rate of stamp duty for all other instruments (such as agreements, awards, affidavit etc.) is determined by State Governments under the respective state stamp Acts.

Kindly refer to the central and state stamp act applicable to you to ascertain the right amount of stamp duty to be paid on your instrument.

We would strongly recommend consulting your lawyer/legal counsel before finalizing the stamp amount you will pay.

My contract is being signed by parties in multiple States. Which State’s stamp papers should I use for this contract?

We would recommend that you consult your lawyer/legal counsel for this question.

What is a Secure Virtual Sign?

Leegality’s Secure Virtual Signature is a non-Aadhaar electronic authentication mechanism which reflects the user’s acceptance of an electronic document. This acceptance happens through a 2 Step Authentication Process that requires the signer to:

1)    Authenticate OTP sent to their registered phone or email

2)    Affix a representation of their signature on a virtual pad

Virtual Signs can either be – drawn on the virtual pad or pre-selected from auto-generated options

How a Secure Virtual Sign looks on your electronic document

Are Secure Virtual Signs legal? Can I execute my contract through a Secure Virtual Sign?

Yes, you can execute all contracts through Secure Virtual Sign.

There are only two exceptions to this rule:

1)    Documents that are explicitly required by law to be authenticated by a signature. By virtue of Section 5 of the IT Act, 2000 the Secure Virtual Signature cannot be used for such documents.

2)     Documents that have been expressly excluded from the application of the IT Act and therefore cannot be electronically authenticated/signed.

For a complete list of such documents, please see our response to “What documents can be signed through Secure Virtual Sign?

Section 10A of the IT Act provides wide latitude for any mode of electronic authentication for creation of binding contracts in India. This section is a clarification that bridges the gap between the IT Act and the Contract Act. Under the Contract Act - a contract can be executed by any means possible. A signature is not mandatory or required for a contract – only proof of valid acceptance is.

Legal validity is all well and good – even oral contracts are valid after all. But what about enforceability? Won’t it be practically hard to enforce Secure Virtual Signed documents in an Indian Court?

The enforceability of a particular signature mode is determined by how well a signature type ensures:

a)    Identity of the signer

b)    Non-repudiation i.e makes it hard for signers to deny their signature

c)    Integrity of the content

Leegality’s Secure Virtual Sign meets the criteria.


Identity and Non-Repudiation

By default, the Virtual Sign comes with a double layer of authentication:

1) OTP Authentication on registered phone number

2) Act of selecting or virtually signing.

In addition, Leegality provides additional layers of security that you can add onto this:

1) Geo-location capture

2) Face Capture with Liveliness Check

3) Multi-factor authentication for document access

These layers of authentication are comprehensively captured in a digitally signed Leegality audit trail

For a signatory to successfully repudiate Secure Virtual Sign in Court they will need to do ALL of the following:

1)    Prove why the OTP authentication on their phone number was not done by them

2)    Prove why they didn’t perform the act of selecting or inscribing virtual sign

3)    Prove that the geo-location does not reflect their location (if switched on)

4)    Prove that they were not present to sign even though there is a capture of their live face (if switched on)

5)    Prove that the multi-factor authentication performed by them was not done by them

Therefore, it is virtually impossible for a signer to disprove Secure Virtual Sign in Court. In fact, the security layers of Secure Virtual Sign – make it much more secure and harder to repudiate than wet-ink signatures

Integrity of Document

All Secure Virtual Signed documents are secured by a Leegality digital signature on the entire document. This acts as a security procedure under the IT Act to ensure that the document cannot be altered or modified without alerting the parties – and qualifies as a Secure Electronic Record under the Evidence Act.

What is an audit trail?

As soon as your document gets signed by all the required parties, Leegality will issue what is known as the ‘audit trail’ for that document to you and all your signatories.

Ingredients of an audit trail

The audit trail is a digitally signed document containing:

a)    The logs relating to the signing transactions on the document

b)    Timestamps for all events in the signing journey – from the time a signing invitation is opened by the first signer till the last signer completes his signature

c)     Public IP of the signers

d)    Stamp paper details

e)    Location of the signers while performing the signature

f)     Signature Certificate Details of the signatories

g)    Geo-location and Face Capture of the signers (if switched on)

Security features of the Leegality Audit Trail

Leegality audit trails are digitally signed Leegality the moment they are generated.

This ensures:

a)    The audit trail cannot be altered or modified without alerting the parties

b)    The audit trail qualifies as a “secure electronic record” under the Indian Evidence Act, 1872 – making it easy to produce as evidence in any court of law.

What documents can be signed through Secure Virtual Sign?

Electronic authentication by way of Secure Virtual Signature is sufficient to enter into most contracts or approve the contents of most documents as per Section 10A of the Information Technology Act, 2000. Routine documents such as business agreements, employee contracts, approval letters, onboarding forms, non-disclosure agreements, and HR documents can be validly executed using Secure Virtual Sign.

However, if a document is explicitly required by law to be authenticated by a signature, then by virtue of Section 5 of the IT Act, the Secure Virtual Signature cannot be used.

Additionally, some documents have been expressly excluded from the application of the IT Act and therefore cannot be electronically authenticated/signed. These are:

1.     A negotiable instrument (other than a cheque) as defined in Section 13 of the Negotiable Instrument Act,1881.

2.     A power-of-attorney as defined in Section 1A of the Powers-of-Attorney Act, 1882.

3.     A trust as defined in Section 3 of the Indian Trust Act, 1882.

4.     A will as defined in clause (h) of section 2 of the Indian Succession Act,1925 (39 of 1925), including any other testamentary disposition by whatever name called.

5.     Any contract for the sale or conveyance of immovable property or any interest in such property.

What are the benefits of using Secure Virtual Sign over Aadhaar eSign or ClickWrap?

Why Secure Virtual Sign is better than clickwrap:

Click-wraps don’t offer trusted third party audit-trail and OTP verification to support the authentication process – making it impossible to ascertain the identity of the party accepting the terms and conditions. These create legal and business risks as it can be very difficult to prove such agreements in front of adjudicatory authorities and may also not stand up to scrutiny in case of regulatory audits.

Secure Virtual Sign as an alternative to Aadhaar eSign:

Secure Virtual Sign is useful as an alternative to Aadhaar eSign in cases where:

A)    The signer doesn’t have their Aadhaar linked to their phone

B)    You want a cheaper alternative to Aadhaar eSign

Can I use Secure Virtual Sign for affixing my organization’s authorized signatory signatures?

In case of physical signatures, the authorised signatory of the organisation uses their own signature to sign a document. The same applies for Secure Virtual Sign, where the authorised signatory can sign the document on behalf of the organisation using their own Virtual Signature.

However, chasing your authorised signatories around for every document can be a time-consuming and inefficient process. That’s why Leegality provides a way for Authorised Signatories in your organisation to:

A)    Store their Secure Virtual Signs on Leegality

B)    Provide standing orders in Leegality for automatic affixture of their signature upon certain conditions being met

As a bonus – Leegality also provides a way to attach “digital” authorised signatory seals along with the signature.

As a business seeking to enforce electronic agreements in Court, what do I need to know about how electronic agreements are proved?

There are two steps  to proving an electronic agreement

(1) you have to furnish a valid  certificate under Section 65-B of the Evidence Act

(2) you have to prove that  the parties have signed/ accepted the agreement. The Supreme Court in the  landmark judgment of Anwar v. Basheer identified the following 5 conditions  that an electronic record must meet under Section 65-B, before it can be  admitted in evidence:

(a) It must be accompanied by a certificate which  identifies the electronic record containing the statement;

(b) The  certificate must describe the manner in which the electronic record was  produced;

(c) The certificate must furnish the particulars of the device  involved in the production of that record;

(d) The certificate must  demonstrate that the information or electronic record tendered in evidence  was produced by a computer/ device,

(i) which was used regularly to store or  process such information in the ordinary course and

(ii) was, at the relevant  time, operating properly.

(e) The certificate must be signed by a person  occupying a responsible official position in relation to the operation of the  device, who must state that all the above conditions have been met, to the  best of her knowledge or belief.

At what stage do I have to file the Section 65-B certificate in Court?

You have to file  the certificate at the stage of evidence. Depending on the Court your case is before, this stage of "evidence" begins when the Court asks  parties to file their compilation of documents (for the purpose of marking of  documents) or when the Court directs parties to file their Affidavits of  Evidence along with their compilation of documents.

How do I prove my Aadhaar eSigned/ DSC Signed Leegality Agreement in Court?

Should you opt for  an Aadhar e-sign/DSC Sign/Doc Signer, the process of proving an agreement  becomes very simple, and enjoys several presumptions:

(a) First, that the  electronic agreement containing the Aadhar e-sign/DSC Sign/Doc Signer was so  concluded by affixing the electronic signature of the parties. (Section 85A  of the Evidence Act)

(b) That the Aadhar e-sign/DSC Sign/Doc Signer was  affixed by parties with the intention of signing or approving the electronic  record. (Section 85B of the Evidence Act)

(c) That the agreement has not been  altered or tampered with after it was signed. (Section 85B of the Evidence  Act)

What are the implications of Arjun Panditrao for my Leegality agreements?

The key takeaway  for electronic agreements is that you must ensure that when you tender your  agreement and Audit Trail in evidence, you file a suitable certificate under  Section 65B, setting out the 5 Conditions identified by Anwar v. Basheer. An indicative  draft of a Section 65B certificate is available here.

What does the latest judgment, Arjun Panditrao, say on Section 65B of the Evidence Act?

In Arjun Panditrao,  the Supreme Court held that a certificate under Section 65B is mandatory for production of any electronic record in a secondary form. The only scenario in  which a Section 65B requirement can be waived is in the event that a party  has made all efforts (including judicial) to procure a 65B certificate but then finds it impossible to produce one.

What if I have opted for another mode of Virtual Sign instead? How would I prove it before Court?

Your Leegality  Virtual Sign agreements are digitally signed by Leegality, and thus enjoy a  presumption that they have not been altered or tampered with after signing (Section 85B of the Evidence Act). However, you will have to lead additional  evidence to show that the parties have accepted the agreement. Ordinarily,  you should be able to do this by producing the Audit Trail in Court along  with a suitable certificate under Section 65-B of the Evidence Act. Your  Leegality Audit Trail is also digitally signed by Leegality, and thus, it  enjoys a presumption that it has not been tampered with. Further Leegality  offers several additional layers of authentication, such as Face Capture  (with Liveliness Check) and Geolocation Capture. Adding these layers of authentication  can reduce the deniability of the signature and make it easier for you to  prove the same in Court. It is also advisable to also lead oral evidence in  addition to the Audit Trail to prove the execution of the agreement. For instance, you may step into the box to prove that (i) you sent an email  attaching the executed agreement to the other party, who either accepted it/  did not deny it or that (ii) the conduct of the other party clearly  demonstrates that he has acted pursuant to the agreement.

Will Leegality provide me with a Section 65-B Certificate?

There is no need to  obtain a Section 65B Certificate from Leegality. You can provide the  relevant 65B certificate yourself. Your Leegality agreement is always accessible to you either through (i) your own Platform or (ii) your account  with your document execution platform or (iii) in your email inbox. Thus, you  are best placed to furnish a Section 65B certificate. Leegality Comment:  However, should you at any point, encounter any difficulties in proving your  Leegality agreement, we are here to help.

What are the technical requirements for using Fingerprint eSign?

Fingerprint eSign works on computers (Windows) AND mobile phones (Android), and requires Mantra Biometric Devices. You would also need to pre-install the biometric device drivers if you are using Windows computers and pre-install the Helper App if you are using an Android mobile device.

How is Fingerprint eSign different from Aadhaar Biometric eSign?

Fingerprint eSign is a legally secure way to sign documents using a customer's fingerprint and verified with an OTP. It's the perfect eSign solution when the customer can't verify their Aadhaar details which is a must for Aadhaar Biometric flow that requires fingerprint verification against Aadhaar records or are uncomfortable eSigning using their Aadhaar.

Does Fingerprint eSign work with APIs?

Yes, Fingerprint eSign works on APIs.

Does Leegality verify Fingerprint with Aadhaar records?

No, Leegality is 100% compliant with Data Privacy Laws of India and doesn't store any Aadhaar data, including biometrics.

Can we use the fingerprint scanner in mobiles to eSign?

No, mobile phone technology currently does not allow for fingerprint impressions or images to pass and be used by other applications as an image. However, you can use the Helper App on mobile phones to use Fingerprint eSign by simply connecting the Mantra Biometric Device.

Is Fingerprint eSign legal in India and valid in the court of law?

Yes, Fingerprint eSign is a legally valid mode of eSigning in India. It is a legally valid mode of conveying acceptance of the terms of a contract under Section 10A of the Indian Contract Act, 1872. The legal validity of fingerprint eSign is equivalent to that of virtual signatures. It can be used to legally eSign 95% of documents (barring (i) documents mentioned under the First Schedule of the IT Act, 2000; and (ii) documents which are expressly required under law to contain a signature). Today, a lot of paperwork is executed via fingerprints. Leegality's fingerprint eSign simply digitises this workflow. For further ease of enforcement,

(i) an OTP security layer has been added on top to authenticate the signer's identity;

(ii) Leegality backs up the Fingerprint eSign by affixing a neutral digital signature on the document which prevents the document from tampering; and

(iii) it comes with a Secure Audit Trail which maintains the record of signing and enjoys presumptions of validity under Section 85 of the Indian Evidence Act, 1872.

Can we pass signature coordinates and other signer verification details via API request?

Yes, you can use both Dashboard and APIs to map signature coordinates by simply configuring them into your Workflows.

What are the prerequisites for Fingerprint eSign?

To start using Fingerprint eSign you need to have a Mantra biometric device. If you’re using a computer, you need to install the device driver on your computer and if you’re using a mobile or a tablet device, you need to install Leegality’s Helper App on your smartphone or Tablet.

Does Fingerprint eSign work for remote journeys?

Fingerprint eSign is best suited for assisted journeys as it requires the signer to have access to a biometric device. It is useful in both branch-led and field-led paperwork flows for banks and MFIs.

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