Section 66 BSA: Proof as to electronic signature

Bharatiya Sakshya Adhiniyam, 2023

Section 66 BSA at a Glance

Section 66 BSA deals with proof as to electronic signature. It replaced Section 67A IEA on 1 July 2024.

Was IEA

Section 66 BSA Bare Act Text

66. Proof as to electronic signature
Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved.

Source: Section 66, Bharatiya Sakshya Adhiniyam, 2023

Section 66 BSA in Simple Words

Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 sets the rule for proving an electronic signature in court. It applies when the electronic signature of a subscriber is alleged (claimed) to be affixed (attached) to an electronic record. In that situation, it must be proved that the signature is truly the electronic signature of that subscriber.

Section 66 BSA states an exception for a secure electronic signature. When a secure electronic signature is used, Section 66 BSA does not apply. For any other electronic signature on an electronic record, proof that it belongs to the subscriber is mandatory.

When Section 66 BSA Applies

An electronic signature of a subscriber is claimed to have been attached to an electronic record.
The signature on the record is not a secure electronic signature.
It must be proved that the signature belongs to that subscriber.

Example of Section 66 BSA

In September 2024, Priya relies on an electronic signature on an electronic record in a court dispute in Bengaluru. Priya claims that the electronic signature of Farhan was affixed to that record. The signature is not a secure electronic signature. Under Section 66 BSA, it must be proved that the electronic signature on the record belongs to Farhan.

When Section 66 BSA Does Not Apply

Section 66 BSA does not apply when the signature is a secure electronic signature.

Section 66 BSA in the IEA (Previous Law)

Section 66 BSA replaces Section 67A IEA from the old criminal code.

Section 67A of the Indian Evidence Act, 1872 became Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View IEA Section 67A →Compare IEA 67A vs BSA 66 →

FAQs on Section 66 BSA

What is Section 66 BSA?▼

Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proving an electronic signature. When an electronic signature on an electronic record is alleged to belong to a subscriber, that fact must be proved. An exception applies to a secure electronic signature.

Does Section 66 BSA require proof for a secure electronic signature?▼

No. Section 66 BSA expressly excludes a secure electronic signature from its requirement of proof.

Must the electronic signature of a subscriber be proved under Section 66 BSA?▼

Yes. Unless the signature is a secure electronic signature, proof is mandatory under Section 66 BSA. When a signature on an electronic record is alleged to be that of a subscriber, that fact must be proved.

What is Section 66 BSA in IEA?▼

Section 67A IEA. Section 67A IEA became Section 66 BSA on 1 July 2024 without any change in wording. The same rule applied under the Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·