IEA 47A to BSA 41(2): Opinion as to digital signature, when relevant
Section 47A IEA (1872) replaced by Section 41(2) BSA (2023)
IEA 47A to BSA 41(2) at a Glance
Section 47A IEA (Opinion as to digital signature, when relevant) is now Section 41(2) BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 47A to BSA 41(2)?
Section 47A of the Indian Evidence Act, 1872 became Section 41(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. It now sits inside Section 41 as sub-section (2), instead of a section of its own.
IEA 47A vs BSA 41(2): Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 47A | 41(2) |
| Heading | Opinion as to digital signature, when relevant | Opinion as to handwriting and signature, when relevant |
IEA 47A and BSA 41(2): Bare Act Text Side by Side
IEA 1872 (repealed)
Section 47A, IEA 1872
47A. Opinion as to digital signature, when relevant.—When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the electronic Signature Certificate is a relevant fact.
BSA 2023 (in force)
Section 41(2), BSA 2023
(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.
When It Applies: IEA 47A vs BSA 41(2)
Under IEA 47A
- Applies when a court must form a view about the electronic signature of any person.
- Requires that a Certifying Authority has issued the electronic Signature Certificate for that electronic signature.
- Makes the opinion given by that issuing Certifying Authority a relevant fact before the court.
Under BSA 41(2)
What IEA 47A to BSA 41(2) Means in Practice
The same rule on the opinion given by the Certifying Authority applies under the BSA. Instead of standing as a separate section, the rule sits inside Section 41 BSA as sub-section (2). A person in court should cite Section 41(2) BSA for matters governed by the Adhiniyam.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·