Why is that a letter generated from a computer is not required to be signed?

Question

A letter which is printed from the computer usually carries a note saying that "computer generated letter signature is not required".Why? Are the officials lazy/not available to sign so many letters /copies.Does such letter stand legal scrutiny?

Answer 1

Firstly the letter generated from a computer is only the hard copy of the original soft copy that is being saved in the inbox of your account or in the sent box of the Company sending it to you even if you don't have an account with the company, but this mail is sent to you for some specific or general information whether you had asked for or was provided to you by the company for their purpose. After the whole set up in any industry has been computerized the working is carried out by using computer for storing information & transmitting it anyone as & when required or for whatever purpose it is required. The issue of signature on the copy of the mail sent to any one is not required as in the computer the system authenticating an electronic record by means of digital signature. Section 2c of the Information Technology Act, 2000 defines "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. Section 35 of this Act provides for Certifying authority to issue Digital Signature Certificate. In the Indian Evidence Act, 1872 Section 65A and Section 65B have been inserted after section 65 by virtue of the Information Technology Act. These sections lay down special provisions with regard to electronic records so that their admission as evidence and evidentiary value in a court of law is not undermined.

Section 67A of the Indian Evidence Act, 1873 provides 67A. Proof as to digital signature

Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.

Section 73A of the Indian Evidence Act, 1872 provides Proof as to verification of digital signature

In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct—

a. that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;

b. any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.

Section 88A of the Indian Evidence Act provides Presumption as to electronic messages

The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Keeping in mind the above mentioned provisions of the two Acts , the hard copy of the mail generated from a computer doesn't require any further signatures for its authenticity & these will be admissible piece of documentary evidence as clearly provided under section 3 of the Indian Evidence Act,1872 “Evidence” means and includes –

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are oral evidence;

(2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence. After this amendment, electronic records stand at par with paper-based documents and will be deemed as documentary evidence in a Court of law.

for the purpose of any legal scrutiny as this hard copy is based on the original electronic mail generated from the computer which bears the digital signature of the sender.

Answer 2

Computer Generated Signature

Answer 3

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RE:
Why is that a letter generated from a computer is not required to be signed?
A letter which is printed from the computer usually carries a note saying that "computer generated letter signature is not required".Why? Are the officials lazy/not available to sign so many letters /copies.Does such letter stand legal scrutiny?

Answer 4

i fully agree with u . the paper/statment/letter should be signed so that the authorise signatory can be held responsible for mistakes or illegality , if any.
As one perston replying to this question says that the letter/statment printed out from computer is taken as correct, hence no signatures are there.
But i also have a question/doubt inb. The data is fed by human beings and any human being can make a mistake in entering data. what happens in those cases ????

Answer 5

Better to go & stay in Malaysia for few months where all office works are done on computers & no paper is used at all since 1997, the first system of its kind in Asia. Chandrababu Naidu tried to make Hyderabad city first city of similar kind in India since 1997 itself as a small copy there but failed completely to lose his state govt too later, clearly realising that there is tremendous difference between him( a politician only) & Mahatir Mohammed( a man of science).

Answer 6

The law is changed due to heavy involvement of computers and Internet. most of the countries changed their Laws to give room in regarding to data obtained from computers as well as Internet.

In the same way our country also included certain provisions in Indian Evidence Act to recognise Computer generated print outs, under section 65A and 65B of the Indian Evidence Act, apart from other provisions inserted by the Information and Technology Act 2000.

Not only the above provisions, a comprehensive Act namely Information and Technology Act 2000 is introduced w.e.f. 17-10-2000 to cater all the needs of electronic data and Internet related issues.

Answer 7

It is commonly agreed and accepted fact that computer generated statements are authenticated statements. They are generated with the help of computers because of large volume. It is practically impossible to do that manually. If it is done manually, it is signed to certify that it is correct. If the input data is correct then out put has to be correct in the computer so no need to sign it.

Answer 8

E-mails are very Identifiable. So signature is not required.

If a word processor is used and if it is not a notice then it should have the originator name, to be legal must have a signature, in case of the dispute, an expert is called in.

Answer 9

It is only an information sent for record and treated as such and hence not signed.
In case of dispute it should be confirmed from the source that it is true.
It may be since it is not gone through the clerical process it is not signed.

Answer 10

because the source of soft copy is identifiable. but in case a scanned copy or a photocopy is being sent as attachment with an email that attachment may require verification under office stamp or valid signatures.

Answer 11

It will basically depend upon the law of the country.
But technically, the thing is that you can not prove belonging of a latter to a particular person, (for receipt as well as sent), unless you go for digital signature.
(NOT a soft copy of ordinary signature). Legally as well as technically printout of a mail from one's id is not a proof.