Documents you cannot sign digitally in Nepal: what Section 77 leaves out
“Can I sign this digitally?” is the question people most often get wrong, in both directions. Some assume anything can be. Some assume nothing can. The answer sits in Section 77 of the Electronic Transactions Act, 2063.
What the Act leaves out
Section 77 says the Act does not apply to certain kinds of document. In summary, the list includes:
- negotiable instruments,
- deeds of will, mortgage, bond, conveyance or partition,
- any deed that transfers title to immovable property,
- documents that demonstrate title to immovable property,
- powers of attorney and pleadings filed in court,
- arbitration pleadings.
For those documents, a digital signature does not stand in for the signature the law requires. They have to be done the way they were done before.
What that means in practice
| Document | Digital signature under the Act? |
|---|---|
| Employment contract | Yes, it is a contract |
| Supply or purchase agreement | Yes |
| Loan agreement | Yes, it is a contract |
| Certificate application | Yes |
| Land sale or transfer deed | No, excluded |
| Mortgage deed | No, excluded |
| Will | No, excluded |
| Power of attorney | No, excluded |
| Court pleading | No, excluded |
| Cheque or promissory note | No, negotiable instrument |
This is a plain reading for orientation, not legal advice. Where your document is not obviously on one side of the line, ask a lawyer.
Why this matters for a digital signing service
A service that lets people sign “anything” is promising something the law does not give. Any ePahichan example you see, such as an order for bags between two shopkeepers, is a supply agreement because that kind of document sits clearly inside the Act.
If you are building signing into a bank or insurance application, it is worth deciding up front which of your forms are contracts you can sign digitally and which are excluded instruments that must stay on paper. Our guide for banks and lenders notes the same split.
The condition that applies to the rest
For documents the Act covers, Section 5 gives a digital signature legal validity where a signature is required, when it is made by the procedures in the Act and its Rules. The condition at the end is part of the rule. See what a digital signature is worth in Nepal.
Questions people ask
Can I sign a land sale deed digitally?
No. A deed that transfers title to immovable property is outside the Electronic Transactions Act and has to be done the way the law requires.
Can a rental agreement be signed digitally?
A rental agreement is not a deed transferring title, so it is not in the excluded list as such. Ask a lawyer about your particular agreement.
Are loan agreements covered?
A loan agreement is a contract and can be signed with a digital signature. A mortgage deed or a negotiable instrument is excluded.