Someone forged my digital signature on a document, what law applies?

Question

I discovered that my digital signature or electronic signature was used on a document/contract without my authorisation. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Information Technology Act, 2000 – Section 66C is the starting point for this cyber law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Unauthorised use of your digital signature/electronic signature certificate is identity theft under Section 66C of the IT Act, punishable with imprisonment up to 3 years and fine up to Rs 1 lakh.

Publishing a digital signature certificate that is false in a material particular, or knowing it to be suspended/revoked, is separately punishable under Section 73 of the IT Act.

Since a document with a forged signature is a forged 'electronic record' under Section 4 of the IT Act (which gives electronic records legal recognition), general forgery provisions under Section 336 of the Bharatiya Nyaya Sanhita, 2023 (replacing IPC 463-465) also apply, with punishment depending on the nature of the document forged.

Contact your Certifying Authority (CA) immediately to revoke/suspend the compromised Digital Signature Certificate (DSC) under Section 38 of the IT Act, which stops further misuse while your complaint is investigated.

Where the forged signature was used to execute a contract or transfer property/money, the underlying transaction can be challenged as void/voidable in civil court in addition to pursuing the criminal complaint.

What to do next: 1) Contact your Certifying Authority to immediately revoke the compromised DSC; 2) File a police complaint citing Sections 66C IT Act and Section 336 BNS; 3) Notify any counterparties of the forged document and dispute the transaction in writing; 4) Consult a lawyer to challenge any contract/transaction executed using the forged signature.

If you are unsure whether your facts fall inside Information Technology Act, 2000 – Section 66C, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.