Section 3A IT Act: Electronic signature
Information Technology Act, 2000
Section 3A IT Act at a Glance
Section 3A IT Act allows a subscriber to authenticate an electronic record using a reliable electronic signature or authentication technique that may be specified in the Second Schedule. Section 3A IT Act also sets the conditions that make an electronic signature reliable.
Section 3A IT Act Bare Act Text
3A. Electronic signature.
(1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which—
(a) is considered reliable; and
(b) may be specified in the Second Schedule.
(2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if—
(a) 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 to no other person;
(b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;
(c) any alteration to the electronic signature made after affixing such signature is detectable;
(d) any alteration to the information made after its authentication by electronic signature is detectable; and
(e) it fulfils such other conditions which may be prescribed.
(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated.
(4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the Second Schedule:
Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable.
(5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.
Amendments to this section
- Ins. by s. 6, ibid. (w.e.f. 27-10-2009).
Section 3A IT Act in Simple Words
Section 3A IT Act lets a subscriber authenticate any electronic record using a reliable electronic signature or electronic authentication technique, even beyond the digital signature method in Section 3 IT Act. Inserted with effect from 27 October 2009, Section 3A(1) IT Act applies despite anything in Section 3 IT Act, subject to the reliability rules in Section 3A(2) IT Act. Under clauses (a) and (b) of Section 3A(1) IT Act, the electronic signature or electronic authentication technique must be considered reliable and may be specified in the Second Schedule to the Act.
Section 3A(2) IT Act sets five conditions that must all be met for an electronic signature or electronic authentication technique to be considered reliable. Under clause (a), within the context of use, the signature creation data or authentication data are linked to the signatory or authenticator and to no other person. Under clause (b), at the time of signing, the signature creation data or authentication data were under the control of the signatory or authenticator and of no other person. Under clauses (c) and (d), any alteration made to the electronic signature after affixing it, and any alteration made to the information after authentication by electronic signature, must be detectable. Under clause (e), the signature or technique must also fulfil any other conditions that may be prescribed.
Under Section 3A(3) IT Act, the Central Government may prescribe the procedure for ascertaining whether an electronic signature belongs to the person who is claimed to have affixed or authenticated it. Under Section 3A(4) IT Act, the Central Government may, by notification in the Official Gazette (the government's official publication), add to or omit from the Second Schedule any electronic signature or electronic authentication technique and the procedure for affixing that signature. The proviso to Section 3A(4) IT Act sets a strict limit on this power: no electronic signature or authentication technique can be specified in the Second Schedule unless that signature or technique is reliable.
Under Section 3A(5) IT Act, every notification issued by the Central Government under Section 3A(4) IT Act must be laid before each House of Parliament.
When Section 3A IT Act Applies
- A subscriber authenticates an electronic record using an electronic signature or electronic authentication technique that is considered reliable and may be specified in the Second Schedule.
- Within the context of use, the signature creation data or authentication data are linked solely to the signatory or authenticator.
- At the time of signing, the signature creation data or authentication data were under the control solely of the signatory or authenticator.
- Any alteration to the electronic signature after affixing it, and any alteration to the information after authentication by electronic signature, is detectable.
- The electronic signature or authentication technique fulfils any other conditions that may be prescribed.
Example of Section 3A IT Act
When Section 3A IT Act Does Not Apply
- Under the proviso to Section 3A(4) IT Act, the Central Government cannot specify an electronic signature or authentication technique in the Second Schedule unless that signature or technique is reliable.
- An electronic signature or authentication technique is not reliable under Section 3A(2) IT Act if the signature creation data or authentication data are linked to another person in the context of use, or were under another person's control at the time of signing.
- An electronic signature or authentication technique is not reliable under Section 3A(2) IT Act if any alteration made after affixing the signature or authenticating the information is not detectable, or if other prescribed conditions are not fulfilled.
FAQs on Section 3A IT Act
What is Section 3A IT Act?▼
Section 3A IT Act allows a subscriber to authenticate any electronic record using a reliable electronic signature or electronic authentication technique that may be specified in the Second Schedule. Section 3A IT Act also defines when a technique is reliable and empowers the Central Government to update the Second Schedule by notification.
Does Section 3A IT Act limit a subscriber to the digital signature method in Section 3 IT Act?▼
No. Section 3A(1) IT Act overrides anything contained in Section 3 IT Act, so a subscriber can use another electronic signature or authentication technique as long as Section 3A(2) IT Act is satisfied.
Can the Central Government add an unreliable authentication technique to the Second Schedule under Section 3A IT Act?▼
No. The proviso to Section 3A(4) IT Act bars specifying any electronic signature or authentication technique in the Second Schedule unless that signature or technique is reliable.
Who can add or remove electronic signature techniques in the Second Schedule under Section 3A IT Act?▼
The Central Government. Under Section 3A(4) and Section 3A(5) IT Act, the Central Government does so by notification in the Official Gazette, and every such notification must be laid before each House of Parliament.
Must changes made after signing be detectable for an electronic signature to be reliable under Section 3A IT Act?▼
Yes. Under Section 3A(2)(c) and Section 3A(2)(d) IT Act, any alteration to the electronic signature after affixing it and any alteration to the information after authentication must both be detectable.
Have questions about Section 3A IT Act?
Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Information Technology Act, 2000 ·