Section 73 BSA: Proof as to verification of digital signature
Bharatiya Sakshya Adhiniyam, 2023
Section 73 BSA at a Glance
Section 73 BSA deals with proof as to verification of digital signature. It replaced Section 73A IEA on 1 July 2024.
Section 73 BSA Bare Act Text
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.
Source: Section 73, Bharatiya Sakshya Adhiniyam, 2023
Section 73 BSA in Simple Words
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 sets out how a court can check whether a digital signature truly belongs to the person whose signature appears on a document or record. When a digital signature is disputed, the court can order the production of the certificate for that signature and have the signature tested.
First, the court may direct the person whose digital signature is being checked, the Controller, or the Certifying Authority (the authority that issues certificates for digital signatures) to produce the Digital Signature Certificate.
Second, the court may direct any other person to take the public key (the verification key named in that Digital Signature Certificate) and apply it to check whether the digital signature was really affixed by the person in question.
When Section 73 BSA Applies
- A court when it needs to find out whether a digital signature was really affixed by the person whose signature it appears to be.
- 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.
- Any other person whom the court directs to use the public key named in the Digital Signature Certificate to verify the disputed digital signature.
Example of Section 73 BSA
Section 73 BSA in the IEA (Previous Law)
Section 73 BSA replaces Section 73A IEA from the old criminal code.
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.
FAQs on Section 73 BSA
What is Section 73 BSA?▼
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court verify whether a digital signature belongs to the person who appears to have affixed it. The court may call for the Digital Signature Certificate and direct a person to use its public key to check the signature.
Must a court always order production of the Digital Signature Certificate under Section 73 BSA?▼
No. Section 73 BSA says the court may issue these directions, which means the court has discretion to decide whether to call for the Digital Signature Certificate.
Who can the court direct to produce a Digital Signature Certificate under Section 73 BSA?▼
The court may direct the person whose digital signature is being checked, the Controller, or the Certifying Authority to bring the Digital Signature Certificate.
What is Section 73 BSA in IEA?▼
Section 73A IEA. Section 73 BSA replaced Section 73A IEA on 1 July 2024 with the same rule for verifying a digital signature. The Explanation in Section 73A IEA that defined the Controller was dropped, and Section 2(2) BSA gives the term its meaning under the Information Technology Act, 2000.
Have questions about Section 73 BSA?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·