When it comes to electronic signatures, legal professionals often find themselves stuck between convenience and compliance. Misinformation, outdated assumptions, and inconsistent interpretations of digital laws often create confusion—even among seasoned lawyers. It’s time to clear the air by busting a few legal myths.
Here are five of the most common myths about eSign—debunked by legal experts and backed by law. If you’re a general counsel, compliance head, or partner at a law firm, this guide is your shortcut to confidently navigating the world of digital contracting.
Major Legal Myths
Myth #1: E-signatures are not legally binding in India
The Reality:
eSignatures have full legal validity under Section 5 of the Information Technology Act, 2000, provided they meet certain conditions.
What the Law Says:
Both Aadhaar-based eSign and Digital Signature Certificates (DSCs) issued by Certifying Authorities are considered legally valid. Even “simple” e-signatures—like a click-to-sign with clear consent and audit trails—can be enforced under Section 10A of the IT Act if intent and integrity are provable.
Legal Insight:
Courts have upheld the validity of such contracts when supported by tamper-proof evidence and clear acceptance records.
SignDesk Pro Tip:
Our platform embeds time stamps, signer IP addresses, and full audit logs to build this very evidence into every transaction.
Myth #2: Wet signatures are more enforceable in court
The Reality:
A well-documented e-signature is more defensible than a scribbled paper signature—especially when coupled with an advanced audit trail.
Think About It:
A wet signature can be easily forged and lacks proof of when and where it was signed. E-signatures, when executed via a legally compliant platform, come with metadata, cryptographic verification, and identity validation.
Courtroom Advantage:
Judges are increasingly favoring documents with clear digital trails over paper contracts that lack context.
SignDesk Pro Tip:
Our AI-powered logs are court-admissible and structured for use in evidentiary filings.
Myth #3: E-signatures can’t be used for high-value or sensitive contracts
The Reality:
Unless the law specifically excludes a contract type, e-signatures can be used for agreements of any value.
Exceptions Are Few:
In India, documents like wills, powers of attorney, real estate conveyance, and negotiable instruments are excluded. But NDAs, loan agreements, employment contracts, vendor agreements, and even board resolutions are all fair game for digital execution.
Legal Insight:
Most enterprise contract types fall well within the scope of permissible e-signature use, especially when equipped with strong identity proofing.
SignDesk Pro Tip:
We offer multiple signer authentication modes—Aadhaar OTP, PAN-based validation, IP/location tracking—to support high-risk agreements.
Myth #4: E-signed contracts can be easily repudiated
The Reality:
Not if you’re using the right digital signature platform.
What Causes Repudiation?
Repudiation claims usually arise when a signer says they didn’t consent or that the document was tampered with. Platforms that lack proper authentication, encryption, or logging open the door for such claims.
How to Protect Against It:
Non-repudiation mechanisms like cryptographic hashing, secure timestamps, and video capture of signing sessions can make it virtually impossible for a signer to deny the action.
SignDesk Pro Tip:
Our non-repudiation framework complies with UETA, eIDAS, and Indian Evidence Act standards, delivering courtroom-ready documentation.
Myth #5: All e-signature platforms are the same
The Reality:
There’s a world of difference between a legally robust digital contract execution platform and a basic sign-and-send tool.
Ask These Questions
1. Does the platform store logs securely and in a jurisdictionally compliant way?
2. Does it provide forensic-level audit trails?
3. Are documents sealed with tamper-proof certificates?
4. Is the signing process designed with legal defensibility in mind?
SignDesk Pro Tip:
We built our platform with legal enforceability—not just convenience—as the North Star. That’s why top banks, NBFCs, and legal departments choose us over generic tools.
Final Verdict: Don’t Just Sign. Sign Smart.
E-signatures aren’t a grey area anymore—they’re black and white when done right. The legal community needs more than convenience; it needs compliance, credibility, and courtroom strength. That’s exactly what SignDesk delivers.