Are JioSign signatures legally valid and enforceable in court?

All signatures performed on JioSign are recognized by the Indian IT Act 2000 as legally valid and enforceable in court. 

Section 10 of the Indian Contract Act defines a valid contract. In short, all agreements are contracts if they are made with the free consent of competent parties. Section 10A of the Indian IT Act further states that if a contract fulfils the essential elements of a valid contract under the Contract Act, then it is also enforceable if it was conducted electronically.

In some cases, Indian law requires that a specific type of document must be signed with a signature for the document to be valid (for example, loan agreements with financial institutions, lease and rental agreements, etc.). Before the IT Act, this meant that it was not sufficient to just agree on contract terms and shake hands (a so-called “oral agreement”); an actual document had to be drawn up and signed.

What the IT Act did was allow, in most cases, for a physical signature to be replaced with an Aadhaar eSign. The IT Act defines only a short list of documents where a physical signature is still required. In all other cases, you can be assured that using an Aadhaar eSign has the same legal enforceability as a physical signature on paper.

In conclusion – routine business documents can be executed using OTP-based eSignature. If Indian law specifically requires a handwritten signature, you need to use Aadhaar eSign to comply with this rule. If you are not sure if your specific document requires signature (meaning Aadhaar eSign) you should consult with a lawyer. Additionally, you can always opt for Aadhaar eSign as a signature method with higher enforceability to be on the safe side. 

DSC Tokens and DocSigners (with appropriate certificates stored on them) can also be used as replacement for handwritten signatures. Like Aadhaar eSign they are using Digital Signing Certificates (DSC) issued by Certifying Authority (CA) making them very similar signature method to Aadhaar eSign from the legal standpoint. The differences are related to the process of obtaining the certificates and the process of signing.

Read more: Signature Methods

What is an audit trail?

JioSign captures all events associated with a document, such as when a new document is created, when participants are added or removed, when a participant signs, etc. This electronic record of all events associated with a document is combined into comprehensive Audit Trail and can be viewed and downloaded for each document on JioSign platform.

How can I check if the signature(s) are valid?

You can see the signature status and all related electronic data (identity of the signatory, signature method, timestamp etc.) on JioSign by opening the document detail view or by downloading the document. If the document has any signatures, these and related electronic data are shown in the Audit Trail amended to the original document. Every time signatures are given, JioSign will countersign the document using the trusted cryptographic certificate. This is to ensure and show you that the document and related signatures have not been tampered with.

To check the integrity of the document and signatures, follow these steps:

• After all signatures have been given on JioSign, download the signed document.
• Open the document with Adobe Acrobat. You will see a signature panel bar at the top of the document.
• Open the signature panel and review the signature details. You will see a signature given by Jio Platforms Limited (JPL, the company operating JioSign) and the status of this signature (‘Signature is valid: The document has not been modified since this signature was applied’).
• Keep in mind that the ‘signature’ by JPL is added to prove the integrity of the document, not to be viewed as one signatory of the original document.

For further help and information regarding the Adobe Acrobat Signature Panel, please view the Signatures panel for digital signatures.

Can documents of all kinds be executed using eSignatures?

Routine business documents can be executed using OTP-based eSignature.

In some cases, Indian law requires that document must be signed with a signature (for example, loan agreements with financial institutions, lease and rental agreements, etc.)

IT Act allows that in most cases this physical signature can be replaced with an Aadhaar eSign. The IT Act defines only a short list of documents where a physical signature is still required. These are:

• Negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instrument Act, 1881 (26 of 1881)
• Power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882(7 of 1882)
• Trust as defined in section 3 of the Indian Trust Act, 1882 (2 of 1882)
• 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
• Any contract for the sale or conveyance of immovable property or any interest in such property.

In all other cases, you can be assured that using an Aadhaar eSign has the same legal enforceability as a physical signature on paper.

If you are not sure if your specific document can be signed with OTP-based eSignature or requires signature (meaning Aadhaar eSign) you should consult with a lawyer. Additionally, you can always opt for Aadhaar eSign as a signature method with higher enforceability to be on the safe side.

DSC Tokens and DocSigners (with appropriate certificates stored on them) can also be used as replacements for handwritten signatures. Like Aadhaar eSign, they use Digital Signing Certificates (DSC) issued by a Certifying Authority (CA), making them very similar to Aadhaar eSign from a legal standpoint.

How secure is my payment information ?

We take your security very seriously and understand the importance of protecting your personal data, especially financial information. Here’s how we ensure your payment information is secure:

• Secure payment gateway: we use a secure and reputable payment gateway to process all transactions. This gateway adheres to stringent security standards and encrypts your sensitive data during transmission.
• No data storage: we do not store any credit card or similar sensitive data on our servers. Only essential payment information required to complete the transaction is retained, following industry best practices.
• Compliance with regulations: we adhere to relevant data security regulations and compliance standards for digital signing platforms. This ensures your information is handled with the utmost care.

Read more: JioSign Privacy Policy