IEA 73A→BSA 73

IEA 73A to BSA 73: Proof as to verification of digital signature

Section 73A IEA (1872) replaced by Section 73 BSA (2023)

View IEA Section 73A →View BSA Section 73 →

IEA 73A to BSA 73 at a Glance

Section 73A IEA (Proof as to verification of digital signature) is now Section 73 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 73A to BSA 73?

Section 73A of the Indian Evidence Act, 1872 became Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The Explanation defining "Controller" was dropped. Section 2(2) now gives the term its Information Technology Act, 2000 meaning.

IEA 73A vs BSA 73: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section73A73
HeadingProof as to verification of digital signatureSame

IEA 73A and BSA 73: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 73A, IEA 1872

73A. 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. Explanation.—For the purposes of this section, “Controller” means the Controller appointed under sub-section (1) of section 17 of the Information Technology Act, 2000 (21 of 2000).
BSA 2023 (in force)

Section 73, BSA 2023

73. 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.

When It Applies: IEA 73A vs BSA 73

Under IEA 73A
  1. A court when it needed to find out whether a digital signature was truly affixed by the person whose signature it appeared to be.
  2. The person whose signature was in question, the Controller appointed under section 17(1) of the Information Technology Act, 2000, or the Certifying Authority, when directed by the court to hand over the Digital Signature Certificate.
  3. Any other person whom the court directed to use the public key from that Digital Signature Certificate to check the disputed digital signature.
Under BSA 73
  1. A court when it needs to find out whether a digital signature was really affixed by the person whose signature it appears to be.
  2. The person whose signature is being checked, the Controller, or the Certifying Authority, when directed by the court to hand over the Digital Signature Certificate.
  3. Any other person whom the court directs to use the public key named in the Digital Signature Certificate to verify the disputed digital signature.

What IEA 73A to BSA 73 Means in Practice

The rule on how a court verifies a digital signature is unchanged, so parties should cite Section 73 BSA for matters governed by the Adhiniyam. The separate Explanation defining the Controller in Section 73A IEA was dropped from Section 73 BSA, and Section 2(2) BSA gives that term its meaning under the Information Technology Act, 2000.

FAQs: IEA 73A to BSA 73

Did removing the Explanation from Section 73 BSA change the meaning of Controller?▼

No. Although Section 73 BSA dropped the Explanation that appeared in Section 73A IEA, Section 2(2) BSA gives the term Controller its meaning from the Information Technology Act, 2000.

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 ·