24 Answers

Electronic evidence is admissible in court even if not supported by certificate u/s 65B of the Evidence Act.

So relax as the notices sent by him is very valid under the eye of law and can be relied upon in litigation in court.

my lawyer is sending Sec.138 cheque dishonour notice and private criminal complaint notice by affixing his digital signature (due to volumes). Is it valid under law and whether we can produce it in the court at the time of filing complaint

Yes it is valid

Sending notice on emails/ online is secondary form of sending notice but that should be duly sign scan copy. Digital signauter cannot replace the importance of personal sign.

Rest depends on the nature of noitce. Few kind of notices can duly serve to avoid delay through online mode bearing digital signature.

The legal recognition of electronic signature has been provided under section 5 of information technology Act 2000. This section equates electronic signature as traditional handwritten signature. It provides that if any, information or document if confirmed by electronic signature shall have the same effect as the affixing of signature if done according to the prescribed manner

2) it is valid and admissible in evidence

You can rely upon legal notice sent by email by your lawyer

digital signature is valid

Yes digital signatures are valid under IT ACT

Well, notice under section 138 NI Act can not be sent by online and hence digital signature makes no sense out of it.

So of there is still time send notice afresh in physical copies.

If a notice is sent by mail and /or digital signatures are approved it is valid.

Yes same can be produced before the court it is valid legal notice.

It is valid. A notice should be issued within 30 days. The law doesn't specify that the signature should be in writing.

High Court of Madras

1. There is no specific restriction against use of digital signature

2. law is dynamic and not static

3. so in today's world of technology, if something is being made easy, then why not use it

4. there are several high courts which permit sending of court summons by email or whatsapp

5. so i do not see any harm if a lawyer issues a legal notice by digitally signing the same

6. if there is any objection raised by the opponent pursuant to your 138 complaint that the notices are not valid as they have not been physically signed by the advocate of the complainant, then your lawyer can always depose before the court and very the fact of he having digitally signed the document, by filing an affidavit in court

Yes it is admissible.

Yes, e-signatures are legally valid in India. In fact, e-signatures have been recognized by the Indian law , with the passage of the Information Technology Act in year 2000.

As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:

(i) Digital Signatures : In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.

1. For sending notices digitally i.e. through whatsapp, email etc., notice with digital signature of the Advocate is perfectly valid.

2. Digital notices can also go without digital signature from the approved IP address of your Advocate.

1. Sending hard copies of the notices through anail mail with digital signature can be challenged by the opposite parties.

2. Your Advocate can stamp his signature on the notices through his clerk which will be perfectly alright as per law.

- Yes, digitally signed advocate notice is valid for fling a case under civil or crminal act.

- Digital Signatures are legally admissible in a Court of Law, as provided under the provisions of IT Act, 2000

Section 5 Legal recognition of [electronic signatures] — where law provides that information or .

A digital signature can be used only if you hold a digital certificate. .

Send a legal notice, review a legal document, etc.

Digital signature or standard electronic signature is actually a coded, encrypted, legally binding digital footprint. The digital signature is made of unique encoded messages — one for each signee — that join together to make a complete, legally binding, standard electronically signed document.

digital signatures are valid and enforceable. As long as certain requirements are met, they have the same legal effect as their written equivalents. . The process by which the signature was created must be recorded by the software used to create the signature.

our lawyer will defend his signature when there arises a question of law in this regard.

digital signatures are valid and enforceable. As long as certain requirements are met, they have the same legal effect as their written equivalents. . The process by which the signature was created must be recorded by the software used to create the signature.

our lawyer will defend his signature when there arises a question of law in this regard.