Section 41 BSA: Opinion as to handwriting and signature, when relevant
Bharatiya Sakshya Adhiniyam, 2023
Section 41 BSA at a Glance
Section 41 BSA deals with opinion as to handwriting and signature, when relevant. It replaced Sections 47 and 47A IEA on 1 July 2024.
Section 41 BSA Bare Act Text
(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
Explanation.Illustration.A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.
(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.
Source: Section 41, Bharatiya Sakshya Adhiniyam, 2023
Section 41 BSA in Simple Words
Section 41 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court consider opinions on who wrote or signed a physical document and opinions on a person's electronic signature. Under Section 41(1) BSA, when a court must decide who wrote or signed a document, the opinion of anyone familiar with the supposed writer's handwriting on whether that writer wrote or signed it is a relevant fact (a fact the court can consider as evidence).
The Explanation to Section 41(1) BSA states how a witness becomes acquainted with another person's handwriting. A witness is acquainted after watching that person write, or after sending or authorising documents to that person and receiving written replies appearing to come from that writer. A witness is also acquainted when documents appearing to come from that writer were habitually placed before the witness during regular business work, even if the witness never saw that writer write in person.
Under Section 41(2) BSA, when a court needs an opinion on someone's electronic signature, the opinion given by the Certifying Authority that issued that Electronic Signature Certificate counts as a relevant fact.
When Section 41 BSA Applies
- A court needs to decide who wrote or signed a document.
- A witness familiar with the supposed writer's handwriting gives an opinion on whether that writer wrote or signed the document.
- A witness counts as acquainted with a writer's handwriting by having watched that writer write, or by having received written replies to documents that the witness wrote or authorised and sent to that writer.
- A witness also counts as acquainted when documents appearing to be in that writer's handwriting have been habitually placed before the witness during regular business.
- When a court needs to form an opinion on someone's electronic signature, the Certifying Authority that issued that Electronic Signature Certificate gives an opinion.
Example of Section 41 BSA
Section 41 BSA in the IEA (Previous Law)
Section 41 BSA replaced Sections 47 and 47A IEA from 1 July 2024.
Section 47 of the Indian Evidence Act, 1872 became Section 41(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. Illustration place names were updated, and the heading now reads "Opinion as to handwriting and signature, when relevant".
- Section 41(1) BSA came from Section 47 IEA.
- Section 41(2) BSA came from Section 47A IEA.
FAQs on Section 41 BSA
What is Section 41 BSA?▼
Section 41 of the Bharatiya Sakshya Adhiniyam, 2023 makes opinions on handwriting, signatures, and electronic signatures relevant facts in court. Section 41(1) BSA covers the opinion of a person familiar with someone's handwriting on who wrote or signed a document, and Section 41(2) BSA covers the opinion of the Certifying Authority on a person's electronic signature.
Must a witness see someone write in person to give an opinion under Section 41(1) BSA?▼
No. Under the Explanation and Illustration to Section 41(1) BSA, a witness who never saw the writer write is still acquainted with the handwriting if the witness received written replies to letters addressed to that writer, or habitually received that writer's documents during regular business.
Whose opinion is relevant when a court examines an electronic signature under Section 41(2) BSA?▼
The Certifying Authority that issued that Electronic Signature Certificate can give its opinion as a relevant fact when a court must form an opinion on someone's electronic signature.
What is Section 41 BSA in IEA?▼
Section 41(1) BSA comes from Section 47 IEA and keeps the same rule, while Section 41(2) BSA comes from Section 47A IEA.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·