Digital Signature and Electronic Signature
(a) Digital SignatureA digital signature means the authentication of any electronic record by a subscriber using an electronic method or procedure in accordance with the provisions of section 3.Section 3 deals with the conditions under which an electronic record can be authenticated by means of a digital signature, which is created in two definite steps.
(b) Authentication of Electronic RecordsFirst, the electronic record is converted into a message digest by using a mathematical function known as a 'hash function,' which digitally freezes the electronic record, thus ensuring the integrity of the content of the intended communication contained in the electronic record. Any tampering with the contents of the electronic record will immediately invalidate the digital signature.Secondly, the identity of the person affixing the digital signature is authenticated through the use of a private key, which attaches itself to the message digest and which can be verified by anybody who has the public key corresponding to the private key. This enables anybody to verify whether the electronic record is retained intact or has been tampered with since it was so fixed with the digital signature. It also enables a person who has a public key to identify the originator of the message.A 'hash function' means an algorithm mapping or translating one sequence of bits into another, generally smaller, set known as the 'hash result,' such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input, making it computationally infeasible to derive or reconstruct the original electronic record from the hash result produced by the algorithm. Two electronic records can produce the same hash result using the algorithm.
(c) Electronic SignatureElectronic signatures have also been dealt with under Section 3A of the IT Act, 2000.
A subscriber can authenticate any electronic record by such an electronic signature or electronic authentication technique, which is considered reliable and may be specified in the Second Schedule. Any electronic signature or electronic authentication technique will be considered reliable. If 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 no other person.The signature creation data or the authentication data were, at the time of signing, under the control of the signatory or authenticator and no other person.
Electronic Signature
Electronic signatures will also be considered reliable if any alteration to the electronic signature made after affixing such a signature is detectable any alteration to the information made after its authentication by an electronic signature is detectable; and It fulfills other conditions which may be prescribed. An electronic signature will be deemed to be a secure electronic signature if the signature creation data, at the time of affixing the signature, was under the exclusive control of the signatory or, as the case may be, the authenticator, and no other person; and The signature creation data was stored and affixed in such an exclusive manner as may be prescribed (Sec. 15). An amendment to the IT Act in 2008 introduced the term "electronic signatures." The implication of this amendment is that it has helped broaden the scope of the IT Act to include new techniques as and when technology becomes available for signing electronic records apart from digital signatures.
Electronic GovernanceE-governance or electronic governance is dealt with under Sections 4 to 10A of the IT Act, 2000. It provides for the legal recognition of electronic records and electronic signatures and also provides for the legal recognition of contracts formed through electronic means
.Legal Recognition of Electronic Records Filing of any form, application, or other documents, creation, retention, or preservation of records, issue or grant of any license or permit, or receipt or payment of money can be done through electronic means.
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