Which of the following statements, as per the Information Technology A

Which of the following statements, as per the Information Technology Act, 2000, is/are correct ?

  • 1. This Act provides that electronic signature is legally valid in the same manner as the handwritten signature.
  • 2. Both the Central Government and State Governments have been given the power to make rules with respect to electronic signature.

Select the answer using the code given below :

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CDS-2 – 2024
Statement 1 is correct. Section 4 of the Information Technology Act, 2000, provides legal recognition for electronic records, and Section 5 provides legal recognition for electronic signatures, stating that where any law requires a signature, an electronic signature shall be deemed to satisfy the requirement.
Statement 2 is incorrect. The primary power to make rules regarding the type of electronic signatures, the manner and format of digital signatures, eligibility of certifying authorities, etc., rests with the Central Government under various sections of the Act (e.g., Section 10, Section 87). While Section 88 allows State Governments to make rules regarding matters specified by the State Government, the core regulatory framework for electronic signatures as defined and validated by the Act is governed by Central Government rules. The statement implies both have equal or similar rule-making power “with respect to electronic signature” itself, which is not accurate; the technical and legal framework is set centrally.
The IT Act, 2000, is the principal law in India dealing with cybercrime and e-commerce, granting legal validity to electronic interactions.
Electronic signatures are legally equivalent to handwritten signatures under this Act.
The Act defines “electronic signature” broadly, which includes digital signatures using asymmetric crypto system and hash function, as well as other electronic authentication techniques specified by the Central Government. The power to issue licenses to Certifying Authorities for electronic signatures is also vested with the Central Government.