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What is ESignature

What is an eSignature? A Complete Guide (2026)

The word “eSignatures" refers to the specifications in general (e.g., components) required for an electronically legal contract to be accepted in a court of law; this is regarded as legally binding. A signature is just one component of an electronically signed document.

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An electronic signature, or eSignature, is a digital method of signing documents that carries the same legal weight as a handwritten signature. Whether you are signing an employment contract, a vendor agreement, or a financial document, an eSignature lets you do it instantly, from anywhere, without printing a single page.

This guide covers everything you need to know about eSignatures: how they work, their legal validity in India, how they differ from digital signatures, and how to start signing documents online.

What is an eSignature?

An eSignature is any digital marker used to record and authenticate the intent of a signee. It does not require physical presence, paper, or a pen. Depending on the platform and purpose, an eSignature can take several forms:

  • A typed name at the end of a document
  • A drawn or stylised signature on a touchscreen
  • A click-to-sign button on an online form
  • An OTP-based authentication linked to the signer’s identity
  • An Aadhaar eSign verified through e-KYC

When a document is signed electronically, the platform captures data such as the signer’s IP address, timestamp, location, and identity verification method. This information is stored as part of an audit trail, which can be used later to verify the integrity of the signed document.

eSignature vs Digital Signature: What is the Difference?

These two terms are often used interchangeably, but they are not the same.

Parameter eSignature Digital Signature
Definition Any electronic method of signing a document A specific type of eSignature that uses PKI-based cryptographic technology
Security level Basic to moderate, depending on the method High , uses public and private key encryption
Certificate required Not always Yes , requires a Digital Signature Certificate (DSC)
Authentication method OTP, email link, click-to-sign, biometrics DSC issued by a Certifying Authority (CA)
Legal validity in India Valid for most commercial transactions under the IT Act Required for specific regulatory filings (MCA, GST, income tax)
Use cases Contracts, NDAs, HR documents, vendor agreements Company filings, government submissions, court documents

In short, all digital signatures are eSignatures, but not all eSignatures are digital signatures.

How Does an eSignature Work?

Most eSignature platforms follow a straightforward process:

  1. A document is uploaded to the eSignature platform.
  2. The sender marks where signatures, initials, or date fields are required.
  3. The document is sent to the relevant signers via email or a shared link.
  4. Each signer verifies their identity through OTP, email confirmation, biometrics, or Aadhaar e-KYC, depending on the platform.
  5. The signer reviews the document and applies their signature electronically.
  6. Once all parties have signed, the completed document is automatically returned to the sender.
  7. A tamper-evident, time-stamped copy is saved securely, along with a full audit trail.

The entire process can be completed in minutes, regardless of where the signers are located.

eSignatures are legally valid in India under the Information Technology Act, 2000 (IT Act). Section 5 of the IT Act gives electronic signatures the same legal recognition as handwritten signatures, provided they meet the required conditions.

Key points about legal validity:

  • An eSignature is enforceable when it can reliably identify the signer and confirm their intent.
  • The IT Act recognises both eSignatures and digital signatures (DSC-based).
  • Aadhaar eSign, facilitated through the e-KYC service, is a legally recognised form of electronic signature in India.
  • A comprehensive audit trail helps establish the authenticity and integrity of a signed document.

When are eSignatures not valid?

Certain documents in India cannot be executed through eSignatures alone, including wills, power of attorney, trust deeds, and negotiable instruments such as cheques. These require wet ink signatures or DSC-based signing.

What is Aadhaar eSign?

Aadhaar eSign is a government-backed electronic signing service in India that allows individuals to sign documents using their Aadhaar number. It works through the e-KYC service provided by the UIDAI.

How it works:

  1. The signer enters their Aadhaar number on the signing platform.
  2. An OTP is sent to the mobile number linked to the Aadhaar.
  3. Upon OTP verification, the document is signed using a Digital Signature Certificate generated on a Hardware Security Module (HSM).
  4. The private key is destroyed immediately after use, ensuring no misuse.

Aadhaar eSign is commonly used for government applications, financial documents, insurance forms, and agreements requiring identity-linked authentication.

Aadhaar eSign vs DSC

Parameter Aadhaar eSign DSC
Token required No Yes (USB token)
Validity Single use 1–3 years
Best for Consumer and enterprise document signing Regulatory filings, government portals
Cost Low Moderate to high

 

Security and Authenticity of eSignatures

A common concern with eSignatures is whether they can be forged or tampered with. Here is how eSignature platforms address this:

Signer verification: Platforms authenticate signers through OTP, email links, biometrics, or Aadhaar e-KYC before allowing them to sign.

Audit trail: Every signing event is logged with a timestamp, IP address, device information, and identity verification record. This trail is stored securely and cannot be altered.

Tamper detection: Once a document is signed, any modification to the file invalidates the signature. The platform detects and flags any changes.

Encryption: Documents are encrypted using public-key infrastructure (PKI), ensuring that only authorised parties can access and verify the signed document.

Trusted Certifying Authorities: eSign services in India are backed by Certifying Authorities (CAs) licensed under the IT Act, ensuring compliance with e-authentication rules.

How to Create an eSignature

There are several ways to create an eSignature depending on the level of formality required:

  1. Typed signature: Type your name in a signature field. Most platforms offer multiple font styles to make it look like a handwritten signature.
  2. Drawn signature: Use a mouse, trackpad, or touchscreen to draw your signature directly on the document.
  3. Uploaded image: Upload an image of your handwritten signature.
  4. Aadhaar eSign: Use your Aadhaar number and OTP for a government-verified electronic signature.
  5. DSC-based signing: Use a Digital Signature Certificate stored on a USB token for high-security or regulatory submissions.

The right method depends on your use case. For most commercial contracts and business documents, a typed or drawn signature authenticated via OTP is sufficient.

How to Sign Documents Online

Signing a document online takes only a few steps:

  1. Upload the document to an online document signing platform.
  2. Add the required signature fields to the document.
  3. Enter the signers’ email addresses and send the document for signing.
  4. Each signer receives a link, verifies their identity, and applies their signature.
  5. Once all parties have signed, the completed document is sent to everyone automatically.
  6. Download or store the signed document along with its audit trail.

Platforms like Legistify’s Sign Doc allow you to upload, send, and collect signatures on any document in minutes, with a full audit trail and tamper-evident records.

Key Takeaways About eSignatures

  1. Simple and accessible: eSignature platforms do not require physical tokens or technical expertise. Any authorised user can sign from a browser or mobile device.
  2. Legally valid: eSignatures are legally recognised under the Information Technology Act, 2000, for most commercial and business transactions.
  3. Secure authentication: Platforms offer multiple authentication options including OTP, biometrics, and Aadhaar e-KYC to verify signer identity.
  4. Privacy-first design: Only the hash (fingerprint) of the document is submitted for signing, not the full document content, protecting signer privacy.
  5. Trusted infrastructure: eSign services in India operate through Certifying Authorities licensed under the IT Act, with private keys generated on HSMs and destroyed after each use.

Advantages of Using eSignatures in Business

  • Speed: Contracts are signed and returned in minutes instead of days.
  • Cost savings: Eliminates printing, scanning, courier, and storage costs.
  • Convenience: Multiple signers can sign simultaneously or sequentially, from any location.
  • Transparency: Audit trails give a clear record of who signed, when, and from where.
  • Security: Encryption and tamper-detection protect document integrity.
  • Legal enforceability: eSignatures are valid across most business transactions in India and internationally.

What Documents Can Be Signed Electronically?

eSignatures are suitable for most business and personal documents. Common use cases include:

Employment and HR documents

  • Offer letters and employment contracts
  • HR policies and acknowledgements
  • Non-disclosure agreements

Commercial contracts

  • Vendor and supplier agreements
  • Service agreements
  • Sales contracts

Finance and banking

  • Loan agreements
  • Account opening forms
  • Insurance documents

Customer onboarding

  • Terms and conditions acceptance
  • KYC forms
  • Subscription agreements

Real estate

  • Rental and lease agreements
  • Property sale agreements

Note: Wills, power of attorney, trust deeds, and negotiable instruments such as cheques cannot be executed through eSignatures in India and require physical or DSC-based signing.

Why the eSignature Market is Growing

  1. Growth of digital commerce As more businesses move online, the volume of legally enforceable documents is increasing. eSignatures are a natural requirement for digital-first transactions.
  2. Demand for faster contract cycles Legal and procurement teams are under pressure to close deals faster. eSignatures reduce contract turnaround time from days to hours.
  3. Remote and distributed teams With teams working across cities and time zones, getting physical signatures is no longer practical. eSignatures make it possible to close agreements without either party being in the same room.
  4. Regulatory acceptance Governments across the world, including India, have recognised eSignatures as legally valid, removing the last barrier to widespread adoption.
  5. Cost and sustainability Going paperless reduces operational costs and supports sustainability goals, both increasingly important for large enterprises.

Conclusion

eSignatures have moved from a convenience to a business necessity. Whether you are managing vendor contracts, onboarding employees, or closing deals, signing documents electronically saves time, reduces costs, and holds up legally under the Information Technology Act, 2000. With options ranging from simple OTP-based signing to government-backed Aadhaar eSign, there is a method suited to every use case. As more businesses in India go digital, having a reliable eSignature process is no longer optional.

Also Read: Electronic Signature for Contract Signing

Frequently Asked Questions

What is the difference between an eSignature and a digital signature?

An eSignature is any electronic method of signing a document, ranging from a typed name to an OTP-authenticated signature. A digital signature is a specific type of eSignature that uses PKI-based cryptographic technology and a Digital Signature Certificate (DSC) issued by a licensed Certifying Authority. Digital signatures offer a higher level of security and are required for certain government and regulatory filings.

Are eSignatures legally valid in India?

Yes. eSignatures are legally valid in India under the Information Technology Act, 2000. Section 5 of the Act gives electronic signatures the same legal recognition as handwritten signatures for most commercial transactions.

Can eSignatures be used in court?

Yes. An eSignature accompanied by a proper audit trail (recording the signer’s identity, timestamp, IP address, and authentication method) is admissible as evidence in Indian courts.

Are eSignatures secure?

Yes. eSignature platforms use encryption, tamper-detection, and identity verification to ensure document integrity. Any modification to a signed document after signing invalidates the signature, which the platform immediately detects.

What documents can be signed electronically?

Most commercial and business documents can be signed electronically, including contracts, NDAs, HR documents, rental agreements, loan forms, and customer onboarding documents. Wills, power of attorney, trust deeds, and negotiable instruments require physical or DSC-based signing.

What is Aadhaar eSign?

Aadhaar eSign is a government-backed electronic signing service that uses your Aadhaar number and OTP to create a legally valid signature. It is commonly used for financial documents, government applications, and identity-linked agreements.

Does an eSignature require a DSC?

No. Most eSignatures do not require a DSC. A DSC is only needed for specific regulatory submissions such as MCA filings, GST returns, and income tax submissions. For standard commercial contracts and business documents, an OTP or email-authenticated eSignature is sufficient.

How can I create an eSignature online?

You can create an eSignature online by uploading your document to a signing platform, adding signature fields, and signing using a typed name, drawn signature, or OTP-based authentication.

How do I sign a PDF electronically?

Upload the PDF to an eSignature platform, place the signature field where required, and sign using your preferred method. The signed PDF is returned to you with a tamper-evident seal and a full audit trail.

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