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What Is The Legality Of Electronic Signature In India?
We are building a patient's round application for use in healthcare industry.
While talking to one of my friend who is doctor, he said these documents hold legal value during a dispute between patient and hospital/doctor.
All these documents are signed physically by the doctor, to keep them legally binding
Since we are building a mobile/tablet application taking physical signature is not possible, instead we can provide a field in the application where in doctor can sign digitally i.e. using a stylus on the screen, is this valid in India?
1) Under section 3 of IT act any subscriber may authenticate an electronic record by affixing his digital signature.
2) Section 4 made the provision for Legal recognition of electronic records — where any law provides that information or any other matter shall be in writing, typewritten or printed form then not-withstanding anything contained in such law, given requirement shall be deemed to have been satisfied if such information or matter is—
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference
3) Section 5 Legal recognition of [electronic signatures] — where law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of [electronic signatures] affixed in such manner as may be prescribed by the Central Government.