Digital Contract Signing & Signature Validity in Bangladesh

§ 01 — IntroductionWhy Digital Contract Signing in Bangladesh Matters Today

Bangladesh has spent more than a decade telling itself the story of a "Digital Bangladesh." Tax filings have moved online, court hearings happened over Zoom during the pandemic, and the Office of the Registrar of Joint Stock Companies and Firms ("RJSC") accepts a portion of its filings electronically. Yet the question of whether digital contract signing in Bangladesh carries the same legal weight when signed with cryptographic keys as when signed with a fountain pen and a non-judicial stamp remains uncomfortably unsettled.

The position is not, as is sometimes assumed, simply that "digital signatures are legal in Bangladesh." It is more nuanced. The validity of a digital signature in Bangladesh today is the product of three overlapping regimes — a primary information-technology statute, a 1872 colonial evidence law amended in late 2022, and a 1899 fiscal statute on stamp duty — each of which speaks to a different aspect of what makes a signed document enforceable.

LegalSeba LLP, a leading corporate and technology law firm in Bangladesh, routinely guides domestic and international clients through this complex terrain. This article maps the framework, examines digital signature validity across banking, capital-markets, tax, and real-estate sectors, identifies the genuine restrictions, and benchmarks Bangladesh against the EU's eIDAS Regulation, the US ESIGN/UETA regime, and India's Information Technology Act.

§ 02 — FoundationsThe statutory framework for digital signature solutions

The principal source of legal recognition for any digital signature solutions is the Information and Communication Technology Act, 2006 (Act No. 39 of 2006). Three provisions do most of the work. Section 5 permits any subscriber to authenticate an electronic record by affixing his digital signature. Section 6 provides legal recognition for electronic records, electronic signatures and electronic gazettes. Section 7 goes further: it permits any information that "any other law" requires to be authenticated by a signature to be authenticated instead by the affixation of a digital signature in the manner prescribed.

Around this statutory core sits a small ecosystem of subordinate instruments shaping e-signature law in Bangladesh:

• The Information Technology (Certifying Authority) Rules, 2010, which set out the licensing regime for Certifying Authorities ("CAs") under the supervision of the Controller of Certifying Authorities ("CCA").
• The National Information and Communication Technology Policy 2018, which contains executive commitments — Work Plan 2.9.1 in particular — to operationalise digital signatures across government offices.
• The e-Sign Guideline for the Certifying Authorities 2020, the Digital Certificate Interoperability Guideline (most recently updated 2018), and the PKI Enabled Application Guideline 2024 published by the CCA.
• The CCA's Bangladesh Root CA Certification Practice Statement, which prescribes the technical and operational standards CAs must meet to guarantee digital signature validity.

The drafting of the ICT Act 2006 borrows openly from the UNCITRAL Model Law on Electronic Signatures (2001); the definition of "electronic signature" in the Bengali version of the Act is functionally identical to the UNCITRAL formulation.

§ 03 — Definitions"Digital signature," "electronic signature," and the bilingual ambiguity

Section 2(1) of the ICT Act defines a digital signature as data in electronic form that is associated with other electronic data either logically or directly, and that satisfies the validation conditions set out in the Act: it must be affixed with the signatory uniquely; it must be capable of identifying the signatory; it must be created in a safe manner or using a means under the sole control of the signatory; and it must be related with the attached data in such manner that any subsequent alteration is identifiable.

Section 2(20) defines a "secure signature generating machine or technology" by reference to the conditions in section 17. Where those conditions are met, the resulting signature carries enhanced evidential weight (see § 5).

One frequently-overlooked feature of the ICT Act is that the English and Bengali texts use different terms. The English version refers throughout to "digital signature." The Bengali version uses "electronic signature" (ইলেকট্রনিক স্বাক্ষর). The two are treated as interchangeable in practice, and the Evidence (Amendment) Act 2022 expressly defines "Digital Signature" or "electronic Signature" together by reference to the ICT Act 2006. But the divergence has real consequences abroad. Internationally — and particularly under eIDAS — "electronic signature" is the genus and "digital signature" is a specific cryptographically-secured species; the two are not synonyms.

§ 04 — IssuanceThe Controller of Certifying Authorities and the licensed CAs

Under Section 36 of the ICT Act, no digital signature validity is recognized in Bangladesh unless the underlying digital signature certificate has been issued by a CA licensed by the CCA. The CCA itself was constituted in May 2011 under powers conferred by the ICT (Amendment) Act 2009.

The CCA's own June 2022 reporting indicates that it had issued licences to seven licensed CAs, which had collectively issued 56,201 digital signature certificates by that date. The CAs publicly visible from CCA documentation include Mango Teleservices Limited ("Mango CA") — the first commercial CA in Bangladesh; Dohatec New Media ("Dohatec CA"); Dataedge Limited ("Dataedge CA"); the Bangladesh Computer Council Certifying Authority ("BCC-CA"), the only public-sector CA; and additional licensed entities.

The CAs issue Class-1, Class-2 and Class-3 certificates, with Class-3 representing the highest level of identity assurance and being the certificate type typically used for high-value transactions and government dealings. Practically, a subscriber must:

1. Submit identity documents (typically two passport-sized photographs, an attested copy of NID or passport, and address proof) to a licensed CA;
2. Generate a public-private key pair locally, often through a CA-supplied client application;
3. Receive the signed certificate, which is generally issued onto a USB cryptographic token (a "crypto-token") that holds the private key;
4. Sign documents using the token, with verification performed against a Certificate Revocation List ("CRL") maintained by the CA.

The CCA also operates a public verification portal — digisigchecker.cca.gov.bd — through which any digitally signed PDF can be checked against the issuing CA's records. There is no recognised foreign Certifying Authority in Bangladesh at present.

§ 05 — EvidenceThe Evidence (Amendment) Act 2022 and digital signature validity

For 150 years, the law of evidence in Bangladesh ran on the Evidence Act, 1872, an instrument enacted by the British Parliament for an entirely paper-based world. The Evidence (Amendment) Act, 2022 (Act No. XX of 2022) was passed unanimously to modernize this framework.

The amendment is structurally significant. It introduces digital evidence into the Evidence Act on three fronts.

(a) Definitions and admissibility (sections 3, 17, 22A, 34, 35, 36, 39, 65A, 65B)

Section 3 was amended to bring "digital record" within the definition of "document" and within the definition of "evidence," and to incorporate the definitions of "Digital Signature" or "electronic Signature," "Digital Signature Certificate" and "Certifying Authority" — all by reference to the ICT Act 2006. New section 65A permits the contents of digital records to be proved in accordance with the provisions of section 65B, which sets out a five-condition framework under which a digital record may be admitted as primary evidence without producing the original computer.

(b) Presumptions in favour of digital signatures (sections 81A, 85A, 85B, 85C, 88A, 90A)

Six new presumption sections shift the evidential burden. Under section 85A, agreements in digital form are presumed genuine unless the contrary is proved. Under section 85B, the court is required to presume that a secure digital signature was affixed by the subscriber with the intention of approving the digital record. Under section 85C, the court must presume the correctness of the information in a Digital Signature Certificate accepted by the subscriber.

(c) Expert opinion (sections 45, 45A, 47A, 67A)

New section 47A makes the opinion of the Certifying Authority that issued a Digital Signature Certificate a relevant fact whenever the court has to form an opinion as to the digital signature of any person — ensuring digital signature validity is backed by CA expertise. New section 67A provides that, except in the case of a secure digital signature, where a digital signature is alleged to have been affixed by a subscriber, the fact that the signature is the subscriber's must be proved.

§ 06 — The FrictionThe Stamp Act 1899, the e-Stamping system, and the residual problem

This is the most important — and most under-discussed — feature of digital contract signing in Bangladesh. The ICT Act 2006 says digital signatures have legal effect. The Evidence (Amendment) Act 2022 says digitally-signed documents are admissible. But the Stamp Act, 1899 dictates that an instrument chargeable with stamp duty which has not been duly stamped shall not be admitted in evidence "for any purpose" under Section 35.

The effect of section 35 is that an electronically-signed agreement which would otherwise have attracted stamp duty under Schedule I of the Stamp Act is, in principle, inadmissible in any legal proceeding until the deficient duty is paid — together with a penalty (which may extend to ten times the deficiency).

The e-Stamping system: what it does and does not solve

Bangladesh introduced an electronic stamping system to enable stamp duty to be paid online and an e-stamp to be generated. It significantly mitigates — though does not entirely eliminate — the friction between the digital-signature regime and the Stamp Act. In practice, the typical workflow follows one of three routes, which LegalSeba LLP frequently structures for corporate clients to ensure absolute digital signature validity:

1. Print-and-stamp: The document is signed digitally, then printed, then a non-judicial stamp (or the printout of an e-stamp) is affixed to the printed copy, which is then treated as the operative instrument for evidentiary purposes.
2. E-stamped digital instrument: Stamp duty is paid online, the e-stamp is generated and digitally attached to the digital instrument, and the cryptographically-signed instrument-with-e-stamp is treated as the operative document. This is increasingly used in commercial practice with proper digital signature solutions.
3. Adjudication and post-payment: An unstamped digital instrument is presented to the Collector under section 35 read with section 40 of the Stamp Act, the deficient duty and any penalty is paid, and the instrument is then certified and admissible.

§ 07 — Property & RegistrationThe Registration Act 1908 and the Transfer of Property Act 1882

If the Stamp Act tells you that you might not be admissible in evidence, the Registration Act 1908 and the Transfer of Property Act 1882 tell you that, for a category of instruments, the document does not exist legally at all unless it is registered.

Critically, section 54A of the Transfer of Property Act 1882 provides that, notwithstanding anything in the Act or any other law, a contract for sale of any immovable property can be made only by an instrument in writing and registered under the Registration Act. The Registration Act assumes, throughout, physical presentation of the document before the Sub-Registrar, physical signing in the presence of attesting witnesses, and physical custody of the registered original.

There is no statutory pathway for a born-digital instrument to be registered. As a consequence, documents like sale deeds, gift deeds, and powers of attorney regarding immovable property are effectively excluded from digital execution in Bangladesh.

§ 08 — Industry MapWhere digital signatures are accepted today, and where they are not

The legal framework is one thing; market and regulatory practice is another. The picture below is composite, drawn from published guidance and reported practice as at early 2026.

§ 09 — RestrictionsDocuments that cannot be executed digitally in Bangladesh

For search engines evaluating queries like "can I sign a power of attorney digitally in Bangladesh," the answer is explicitly no. The following categories of document either cannot be executed digitally as a matter of law in Bangladesh, or cannot be executed digitally in any way that would render them admissible, registrable or enforceable:

1. Powers of attorney for dealing with immovable property — Power of Attorney Rules 2015; Registration Act ss. 32–33.
2. Trust deeds settling immovable property.
3. Wills and other testamentary dispositions — both the Succession Act 1925 and Muslim personal law assume physical execution and attestation.
4. Any contract for the sale or conveyance of immovable property — TPA s. 54A requires such contracts to be in writing and registered under the Registration Act.
5. Mortgage deeds (other than equitable mortgage by deposit of title deeds).
6. Lease deeds for terms exceeding one year or reserving yearly rent — TPA s. 107.
7. Gift deeds of immovable property — TPA s. 123.
8. Negotiable instruments — bills of exchange, promissory notes and cheques continue to be governed by the Negotiable Instruments Act 1881; the ICT Act expressly excludes these.
9. Affidavits and oath-bound declarations requiring physical swearing.
10. Marriage contracts (kabin-nama) under the Muslim Marriages and Divorces (Registration) Act 1974.

§ 10 — The WorldHow Bangladesh measures up against its peers

Globally, electronic-signature regimes cluster into two broad models. The technology-neutral model — exemplified by the US ESIGN Act 2000 and UETA — recognises any electronic signature that demonstrates intent and is reliably attributable to the signer. The tiered, technology-prescriptive model — exemplified by the EU's eIDAS Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183 ("eIDAS 2.0") — distinguishes SES, AES, and Qualified Electronic Signatures (QES).

Bangladesh sits between the two. The ICT Act's "secure digital signature" concept resembles the eIDAS AES/QES idea — it requires a CA-issued certificate and a secure signature creation device — but it operates on a binary "secure / not-secure" basis. Practically, the regime is closer to the Indian Information Technology Act 2000.

The two ways Bangladesh diverges from international best practice

The first divergence is the stamp-duty bridge. Although Bangladesh has e-stamping (introduced from 2016/2019), the system has not yet been fully integrated with cryptographically-signed born-digital instruments. The second divergence is cross-border interoperability. Bangladesh has not acceded to the UN Convention on the Use of Electronic Communications in International Contracts 2005, and there is no bilateral mutual-recognition arrangement under which a Bangladeshi Class-3 digital certificate would be automatically recognised abroad.

§ 11 — Cyber SecurityThe ICT Act, the DSA, the CSA and the 2025 Ordinance

The criminal-law side of the digital-signature regime has had a turbulent decade. From the digital-signature standpoint, the repealed Cyber Security Act 2023 ("CSA") defined "identity information" expansively to include "electronic or digital signature" alongside fingerprints, and criminalised its unauthorised collection.

Following political transitions, the interim government promulgated the Cyber Security Ordinance 2025, which removed controversial sections, followed by the Personal Data Protection Ordinance 2025, Bangladesh's first dedicated data-protection statute. The current criminal-law position is that the forgery, theft or fraudulent use of a digital signature is punishable under the residual CSA-as-amended, the retained offences of the ICT Act 2006, the Penal Code 1860, and may engage data-protection liability under the PDPO 2025.

§ 12 — The Road AheadSecuring Digital Contract Signing in Bangladesh

The infrastructure largely exists. Seven licensed CAs operate. The CCA's verification portal works. The e-GP system processes thousands of digitally-signed tenders daily. The Evidence (Amendment) Act 2022 has aligned the law of proof with the technology. What remains missing is the coherent statutory bridge between the cryptographic world, the e-stamping system, and the registration architecture inherited from the colonial period.

Until that bridge is built, any practitioner advising on whether a particular instrument may be executed digitally in Bangladesh must work the same checklist: (i) is it a category of document excluded by the Registration Act? (ii) is it chargeable with stamp duty, and if so will the duty be paid through the e-stamping system? (iii) will it be filed with a regulator that has the technical and legal capacity to accept a digital signature?

As a leading corporate and technology law firm in Bangladesh, LegalSeba LLP regularly assists enterprises in bridging this gap. We provide tailored digital signature solutions, draft electronic execution policies, and structure robust cross-border IT contracts to ensure absolute legal validity and compliance under Bangladeshi law.