Section 72 BSA: Comparison of signature, writing or seal with others admitted or proved

Bharatiya Sakshya Adhiniyam, 2023

Section 72 BSA at a Glance

Section 72 BSA deals with comparison of signature, writing or seal with others admitted or proved. It replaced Section 73 IEA on 1 July 2024.

Was IEA

Section 73 →

Section 72 BSA Bare Act Text

72. Comparison of signature, writing or seal with others admitted or proved

(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.

(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

(3) This section applies also, with any necessary modifications, to finger impressions.

Source: Section 72, Bharatiya Sakshya Adhiniyam, 2023

Section 72 BSA in Simple Words

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court check whether a disputed signature, writing, seal, or finger impression is genuine. It does this by comparing the disputed item with a known sample from the same person.

Under Section 72(1) BSA, when a court needs to find out if a person really made a signature, writing, or seal, a comparison can be made using another sample from that person. The sample must be admitted, or proved so that the court is satisfied, as coming from that person. It can be used for comparison even if nobody produced or proved it for another reason.

Under Section 72(2) BSA, the court can direct any person who is present in the courtroom to write words or figures. This allows the court to compare the fresh writing with the words or figures that the person allegedly wrote. Under Section 72(3) BSA, the rules in the Adhiniyam for signatures, writings, and seals also cover finger impressions, with any needed adjustments.

When Section 72 BSA Applies

  • Under Section 72(1) BSA, when it must be found out whether a signature, writing, or seal was really made by the person who is claimed to have made it.
  • Under Section 72(1) BSA, a sample signature, writing, or seal that is admitted, or proved so that the court is satisfied, as coming from that person can be compared with the disputed one, even if the sample was not brought in or proved for another reason.
  • Under Section 72(2) BSA, the court can order any person who is present in the courtroom to write words or figures so the court can compare that sample with the disputed writing.
  • Under Section 72(3) BSA, the rule also covers finger impressions, with any needed adjustments.

Example of Section 72 BSA

In August 2024, a dispute over a loan agreement bearing a contested signature and thumbprint comes before a court in Jaipur. Priya denies signing or putting a thumbprint on the agreement. Under Section 72(2) BSA and Section 72(3) BSA, the court directs Priya, who is present in the courtroom, to write sample words and figures and give a sample finger impression. Under Section 72(1) BSA, the court compares those fresh samples and an admitted lease signed by Priya with the contested signature and thumbprint on the loan agreement.

Section 72 BSA in the IEA (Previous Law)

Section 72 BSA replaces Section 73 IEA from the old criminal code.

Section 73 of the Indian Evidence Act, 1872 became Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The text is now set out in numbered sub-sections.

FAQs on Section 72 BSA

What is Section 72 BSA?▼

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on comparing disputed signatures, writings, seals, and finger impressions with genuine samples. It allows comparison with a sample that is admitted or proved to satisfy the court, and lets the court direct a person present in the courtroom to write words or figures for comparison.

Can a signature on an unrelated document be used for comparison under Section 72(1) BSA?▼

Yes. Under Section 72(1) BSA, a signature, writing, or seal that is admitted or proved to satisfy the court as coming from that person can be used for comparison even if it was not brought in or proved for another reason.

Can a court order a person in the courtroom to write a sample under Section 72(2) BSA?▼

Yes. Section 72(2) BSA lets the court order any person present in the courtroom to write words or figures so the court can compare that sample with the disputed writing.

Does Section 72 BSA cover finger impressions?▼

Yes. Under Section 72(3) BSA, the comparison rules also apply to finger impressions, with any needed adjustments.

What is Section 72 BSA in IEA?▼

Section 73 IEA. Section 73 IEA became Section 72 BSA on 1 July 2024 without any change in wording, with the paragraphs numbered as sub-sections (1), (2), and (3).

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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 ·