This article is written by Shreyansh Pandey of Department of P.G. Studies and Research in Law of R.D. University, Jabalpur, an intern under Legal Vidhiya
ABSTRACT
In an era of increasing digitalization and electronic transactions, the concept of signatures has evolved significantly. Signatures are vital for establishing identity, authorizing documents, and ensuring the authenticity of transactions. This research paper explores the relevance of signatures in contemporary society, comparing traditional handwritten signatures with digital signatures. We examine their historical context, legal validity, security, and practical applications to understand the advantages and limitations of each method. In an era marked by the increasing reliance on digital technologies, the Information Technology Act has played a pivotal role in shaping the legal landscape surrounding signatures.
Keywords : Digital, Hand Writing, Signatures, Information, Technology
INTRODUCTION
Signatures have been used for centuries as a means of verifying identity and demonstrating intent. With the advent of digital technologies, handwritten signatures are now competing with digital signatures in various domains such as finance, legal, and e-commerce. This paper aims to investigate the continued relevance of signatures and analyse the differences between handwritten signatures and digital signatures. The Information Technology Act, often referred to as IT Act, 2000, has been a critical instrument in adapting legal frameworks to the digital age. Signatures, a fundamental element of transactions and contracts, have undergone significant transformation under this Act. This paper seeks to evaluate the relevance and comparative aspects of handwritten signatures and digital signatures as recognized by the IT Act.
MEANING AND CHARACTERISTICS OF SIGNATURE
A signature is a distinctive mark, symbol, or writing made by an individual on a document or other surface to indicate consent, approval, or authorship. It can be any mark made by human through his/ her ability to write, a thumb impression is also considered as signature sometimes when the signature is illiterate or unable to sign as suffering from disease.
Section 3: Electronic Record: Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is:(a) rendered or made available in an electronic form; and(b) accessible so as to be usable for a subsequent reference.”[1]Here are some of its characteristics :
1. Verification: A signature is primarily used to verify the identity of the person signing the document. It confirms that the individual responsible for the signature acknowledges and agrees to the contents of the document.
2. Uniqueness: Signatures are expected to be unique to each individual. While they may share some common elements, such as cursive writing style, each person’s signature should have distinct features that make it recognizable.
3. Consistency : Though unique, a signature is generally consistent in its basic elements over time. This consistency helps establish its authenticity.
4. Legibility : While some signatures may be elaborate and difficult to read, they should still maintain some degree of legibility to be legally valid.
5. Voluntary Act : For a signature to be legally binding, it must be made voluntarily by the person signing the document. Coercion or forgery can invalidate a signature.
6. Medium : Signatures can be made using various mediums, including handwritten ink signatures, digital signatures, electronic signatures, and even biometric signatures like fingerprints or facial recognition.
7. Intention : The person signing must intend for the signature to represent their consent or authorization. A signature made in jest or without serious intent may not be legally binding.
8. Witnessing : In some cases, signatures require witnesses to attest to their authenticity. Witness signatures add an additional layer of verification.
9. Legal Recognition : Different jurisdictions may have specific rules and regulations regarding the legal recognition of signatures, including requirements for notarization or the use of electronic signature.[2]
JUDICIAL DECISIONS ON DIGITAL SIGNATURES
There have been several significant legal cases related to signatures in various jurisdictions. These cases define the term signature[3]:
1. Carlill v Carbolic Smoke Ball Company[4] (1893): This case, in the United Kingdom, established the principle that a promise made in an advertisement can constitute a legally binding contract. It’s often cited as a landmark case in contract.
2. M.G. Ramachandran v Janaki Ammal [5](1988): In this Indian case, the Supreme Court ruled on the validity of thumb impressions as a form of signature in a will. The court accepted the thumb impression as a valid signature.
3. Stamford Spinning and Weaving Company Ltd v. M/s D. C. Bachawat[6] (1953): This Indian case dealt with the issue of a forged signature and the consequences of such forgery in commercial transactions.
4. United States v. Dionisio [7](1973) : In the U.S., this case dealt with whether compelling individuals to provide voice exemplars (similar to signatures in audio form) violated the Fifth Amendment right against self-incrimination.
5. Adobe Systems Incorporated v. Southern Software, Inc.[8] (2011) : This case in the United States revolved around electronic signatures and the validity of electronic documents in a contractual context.
DIGITAL SIGNATURE AND ITS CHARACTERSITICS
A signature is a distinctive mark, symbol, or writing made by an individual on a document or other surface to indicate consent, approval, or authorship. Here are some of its characteristics:
1. Authentication : A signature is primarily used to verify the identity of the person signing the document. It confirms that the individual responsible for the signature acknowledges and agrees to the contents of the document.
2. Uniqueness : Signatures are expected to be unique to each individual. While they may share some common elements, such as cursive writing style, each person’s signature should have distinct features that make it recognizable.
3. Consistency : Though unique, a signature is generally consistent in its basic elements over time. This consistency helps establish its authenticity.
4. Legibility : While some signatures may be elaborate and difficult to read, they should still maintain some degree of legibility to be legally valid. A completely illegible signature might raise doubts about its authenticity.
5. Voluntary Act : For a signature to be legally binding, it must be made voluntarily by the person signing the document. Coercion or forgery can invalidate a signature.
6. Medium : Signatures can be made using various mediums, including handwritten ink signatures, digital signatures, electronic signatures, and even biometric signatures like fingerprints or facial recognition.
7. Intention : The person signing must intend for the signature to represent their consent or authorization. A signature made in jest or without serious intent may not be legally binding.
LEGAL VALIDITY UNDER THE INFORMATION TECHNOLOGY ACT
Handwritten Signatures
- The IT Act recognizes handwritten signatures as valid, electronic signatures when they fulfill specific criteria outlined in the Act.
- Section 3 of the IT Act defines electronic signatures broadly to include any mark made by a person with the intention of signing.
Digital Signatures
- Section 3(2) of the IT Act defines a digital signature as a type of electronic signature that is generated using asymmetric cryptography.
- Digital signatures are given specific legal recognition and are considered secure forms of electronic signatures under the Act.[9]
LEGAL VALIDITY OF SIGNATURE IN GENERAL
Handwritten Signatures
- Long-established legal precedent recognizes handwritten signatures as legally binding.
- Laws vary by jurisdiction but generally accept them as evidence of intent.
Digital Signatures
- Laws like the Information and Technology Act,2000 and various international Regulations validate digital signatures.
- They provide a legal framework for electronic transactions.
SECURITY AND AUTHENTICATION
Handwritten Signatures
- Handwritten signatures are subject to traditional authentication methods, such as comparing them to known samples or handwriting analysis.
- Vulnerable to forgery and alteration without additional security measures.
Digital Signatures
- Digital signatures use advanced cryptographic techniques to ensure the integrity and authenticity of electronically signed documents.
- The IT Act mandates the use of digital signatures for specific transactions, enhancing
COMPARISON BETWEEN HANDWRITTEN SIGNATURES AND.DIGITAL SIGNATURES:
Handwritten Signatures:
1. Physical Form: Handwritten signatures are created manually using a pen or other writing instrument on a physical document.
2. Authenticity: They are often considered a personal mark of authenticity, but they can be easier to forge or copy.
3. Verification: Verification relies on visual inspection, which can be subjective and less secure.
4. Cost: Minimal cost associated with creating a handwritten signature.
5. Efficiency: Time-consuming for signing multiple documents, especially for remote or global transactions.
Digital Signatures:
1.Electronic Form: Digital signatures are generated electronically, typically using cryptographic techniques.
2. Authenticity: They provide a higher level of authenticity and security. Tampering is easily detectable.
3. Verification: Digital signatures use complex algorithms and public-key infrastructure, making verification more secure and objective.
4. Cost: May involve initial setup costs for digital signature software and certificates.
5. Efficiency: Efficient for signing numerous documents, especially for remote or online transactions. They streamline business processes.
DIFFERENCE BETWEEN DIGITAL AND HANDWRITTEN SIGNATURE
An electronic signature and a digital signature are both used for authentication and verification in digital documents, but they differ in terms of security and the technology behind them:
1. Electronic Signature (e-signature):
- An electronic signature is a broad term that encompasses various methods of signing a document electronically.
- It can be as simple as typing your name, using a touchscreen to draw your signature, or using a scanned image of your handwritten signature.
- Electronic signatures are generally easier to implement but may be less secure compared to digital signatures.
- They provide a basic level of authentication but are susceptible to forgery.
2. Digital Signature:
- A digital signature is a more advanced and secure form of electronic signature.
- It uses cryptographic techniques to create a unique digital fingerprint (hash) of the document and then encrypts that hash with a private key.
- The recipient can verify the authenticity of the signature using the sender’s public key.
- Digital signatures provide a higher level of security and tamper resistance.
- They are commonly used for legal and sensitive documents where trust and security are crucial. In summary, while both electronic signatures and digital signatures serve the purpose of signing documents electronically, digital signatures offer a higher level of security and can provide legal validity and non-repudiation, making them more suitable for critical and legally binding transactions. Electronic signatures are more basic and may be sufficient for less sensitive documents.
ADVANTAGES AND LIMITATIONS
(A) Handwritten Signatures Advantages
- Recognizable by the experts of the handwriting
- personal touch is felt in these.
(B) Handwriting Signatures Limitations
- Prone to forgery by the fraudsters
- not suitable for digital transactions which makes it useless sometimes.
(C) Digital Signatures Advantages
- High security is there in Digital Signature.
- Efficiency is there in Digital Signature.
- Convenience is there in Digital Signature.
(D) Digital Signature limitations
- Requires technology access without it the signature is useless.
- lacks personalization as it is computer generated.
CONCLUSION
In conclusion, both handwritten signatures and digital signatures retain their relevance in today’s society. Handwritten signatures evoke a personal touch but are vulnerable to forgery. Digital signatures offer enhanced security and efficiency in the digital age but may lack the personalization of traditional signatures. The Information Technology Act has been instrumental in recognizing and regulating both handwritten signatures and digital signatures in India. Handwritten signatures, when meeting specific criteria, are legally valid electronic signatures under the Act. Digital signatures, on the other hand, are explicitly defined and promoted for their security and efficiency benefits. The choice between the two methods depends on the specific requirements of the transaction and the level of security desired. As technology continues to advance, both forms of signatures are likely to coexist under the umbrella of the IT Act.
[1] Datadrive.com, https://www.datadrive.com/signature/801554/signature=datadrive/information, last visited 28-09-2023
[2] Vivek Sood, cyber laws simplified: the ultimate guide to cyber laws in India, 101-103, Notion Press, 2018.
[3] Aster & Wheeler, the deep intricacies of digital world, 254-259, Oxford University Press, 2016.
[4][1892] EWCA Civ 1
[5] (1894) 2 MLJ 154
[6] 1961 AIR 1170
[7] 410 U.S. 1 (1973)
[8] 1998 WL 104303,U.S. Dist. LEXIS 1941.
[9] Lloyd LJ, Information Technology Law, 166-171, Oxford university Press, 2019.
