Section 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The second half of the definitions in the Information Technology Act, 2000 deals with signatures and the machinery behind them: digital signature, electronic signature, Certifying Authority, certificates, key pair, subscriber, license and verify. It also defines the Controller, the adjudicating officer, the "appropriate Government", "law" and "prescribed", and sub-section (2) of section 2 explains how references to other enactments are read. The first group of definitions (computer, data, information, intermediary and similar terms) is in our article on section 2: computer, data, information, intermediary and cyber security.
A digital signature is authentication of an electronic record by a subscriber by an electronic method or procedure in accordance with section 3. An electronic signature is authentication by the electronic technique specified in the Second Schedule and includes a digital signature. A Certifying Authority is a person granted a license to issue an Electronic Signature Certificate under section 24. A key pair is a private key and its mathematically related public key.
Source and scope
This article follows the consolidated text consulted (the Act as amended by the Information Technology (Amendment) Act, 2008). Later amendments and the current position of each definition should be checked. Section 2(1) begins "In this Act, unless the context otherwise requires", so every definition below yields to a contrary context. If you hold or plan to obtain a signature certificate and want your documents reviewed for signing, our legal consultation desk can help.
Signature terms
Digital signature (clause (p)). "Authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3." The method itself is in section 3, covered in our article on authentication of electronic records by digital signature.
Electronic signature (clause (ta)). "Authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature." The word "includes" means every digital signature is also an electronic signature, while the reverse is not stated. The wider route is in section 3A, explained in our article on electronic signature and the Second Schedule.
Affixing electronic signature (clause (d)). With its grammatical variations, the adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of electronic signature.
Digital Signature Certificate (clause (q)). A Digital Signature Certificate issued under sub-section (4) of section 35. Electronic Signature Certificate (clause (tb)) means one issued under section 35 and "includes Digital Signature Certificate".
Key terms
Asymmetric crypto system (clause (f)). A system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature.
Key pair (clause (x)). In an asymmetric crypto system, a private key and its mathematically related public key, so related that the public key can verify a digital signature created by the private key.
Private key (clause (zc)). The key of a key pair used to create a digital signature. Public key (clause (zd)) is the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate.
Verify (clause (zh)). In relation to a digital signature, electronic record or public key, to determine whether (a) the initial electronic record was affixed with the digital signature by the use of the private key corresponding to the public key of the subscriber, and (b) the initial electronic record is retained intact or has been altered since it was so affixed.
The people and bodies
Subscriber (clause (zg)). A person in whose name the Electronic Signature Certificate is issued.
Certifying Authority (clause (g)). A person who has been granted a License to issue an Electronic Signature Certificate under section 24. License (clause (z)) means a license granted to a Certifying Authority under section 24; the licensing scheme is in Chapter VI.
Certification practice statement (clause (h)). A statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing Electronic Signature Certificates.
Controller (clause (m)). The Controller of Certifying Authorities appointed under sub-section (1) of section 17.
Adjudicating officer (clause (c)). An adjudicating officer appointed under sub-section (1) of section 46.
Indian Computer Emergency Response Team (clause (ua)). An agency established under sub-section (1) of section 70-B (printed with a hyphen; we write 70B).
Cyber Appellate Tribunal (clause (n)). Printed as "the Cyber [ *] Appellate Tribunal established under sub-section (1) of section 48". The copy shows asterisks in square brackets where a word was omitted, so we quote it as printed.
The general terms
Appropriate Government (clause (e)). The copy prints that it means, as respects any matter, (i) enumerated in List II of the Seventh Schedule to the Constitution, (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government. Drafting slip: sub-clauses (i) and (ii) are run together and the words "the State Government" appear only after (ii); we have not corrected the text.
Electronic Gazette (clause (s)). The Official Gazette published in the electronic form.
Law (clause (y)). Includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, Regulations made by the President under article 240, Bills enacted as President's Act under sub-clause (a) of clause (1) of article 357 of the Constitution, and rules, regulations, bye-laws and orders issued or made under them.
Prescribed (clause (zb)). Prescribed by rules made under this Act. Where later sections say "as may be prescribed", the detail is left to rules.
Security procedure (clause (zf)). The security procedure prescribed under section 16 by the Central Government.
Sub-section (2): enactments not in force in an area
Sub-section (2) says any reference in the Act to any enactment or any provision of it shall, in relation to an area in which that enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
Quick reference
| Term | Clause | Points to |
|---|---|---|
| Digital signature | (p) | Section 3 |
| Electronic signature | (ta) | Second Schedule, section 3A |
| Certifying Authority | (g) | License under section 24 |
| Subscriber | (zg) | Person in whose name the certificate is issued |
| Key pair | (x) | Private key plus related public key |
| Controller | (m) | Section 17(1) |
| Adjudicating officer | (c) | Section 46(1) |
| Security procedure | (zf) | Section 16 |
| Prescribed | (zb) | Rules made under the Act |
A worked example
Ananya, a director of Harbour Foods Private Limited, applies for a certificate in her name. When the Certifying Authority issues it, Ananya is the subscriber. Her private key creates the digital signature on a board resolution; the public key listed in the certificate lets anyone verify it and test whether the record has been altered since it was signed. The company can also look at the certification practice statement the Certifying Authority has issued to see how it issues certificates. Our practical guide on Digital Signature Certificates for MCA filing covers the filing side.
Need help with digital signatures and certificates?
If you are drafting or signing documents with a digital signature and want the definitions applied to your arrangement, we can review it with you. Start with a legal consultation before the document is executed.
Key takeaways
- A digital signature is tied to section 3; an electronic signature is tied to the Second Schedule and includes a digital signature.
- The private key creates and the public key verifies.
- The subscriber is the person in whose name the certificate is issued.
- A Certifying Authority needs a license under section 24.
- "Prescribed" means prescribed by rules made under the Act.
Read next
- Section 3: authentication of electronic records by digital signature
- Section 3A: electronic signature and the Second Schedule
- Section 2: computer, data, information, intermediary and cyber security defined
- DSC: Digital Signature Certificate guide
Disclaimer: Based on a consolidated copy of the Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as originally notified on 25 February 2021 and on the CERT-In Directions of 28 April 2022, read with the amendments made to the Act by the Jan Vishwas (Amendment of Provisions) Act, 2023 and by section 44 of the Digital Personal Data Protection Act, 2023, as consulted on 2 October 2026. Commencement notifications, other amendments, rules, directions and the current position of each provision are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.