I can answer your query: Can an affidavit be signed electronically? Yes, an affidavit can be signed electronically in India under certain conditions. The Kerala High Court has recognised the validity of electronic signatures on affidavits, particularly Aadhaar-based eSign, which aligns with the Information Technology Act, 2000 and the Oaths Act, 1969.
Can Affidavits Be Signed Electronically?
The Kerala High Court ruled that affidavits can be signed electronically, including using an Aadhaar-based electronic signature. The court observed that Rule 1 of the Notaries Rules, 1956 requires handwritten signatures. It does not override provisions allowing digital signatures.
According to Section 5 of the Information Technology Act, 2000 gives legal recognition to electronic signatures. Aadhaar-based eSign is a valid form of Digital Signature Certificate (DSC) issued by a Certifying Authority under the IT Act.
If an affidavit is electronically signed, it must still comply with notarisation and stamp duty requirements. Some states now allow e-stamping and online notarization, making e-signed affidavits legally valid.
While Kerala HC has upheld eSign for affidavits, other courts and government offices may still require physical signatures.
If stamp duty is applicable, the affidavit must be duly stamped before e-signing. The validity of electronically signed affidavits depends on state-specific laws and government acceptance.
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Can an Affidavit be Signed Electronically?
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2025-03-27T16:15:32+00:00 2025-04-01T10:03:07+00:00Comment
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