Section 47A IEA: Opinion as to digital signature, when relevant
Indian Evidence Act, 1872
Section 47A IEA at a Glance
Section 47A IEA deals with opinion as to digital signature, when relevant. From 1 July 2024 it is replaced by Section 41(2) BSA.
Section 47A IEA Bare Act Text
47A. Opinion as to digital signature, when relevant
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 47A, Indian Evidence Act, 1872
Section 47A IEA in Simple Words
Section 47A of the Indian Evidence Act, 1872 deals with disputes in court about the electronic signature of a person. It lets the court treat an opinion given by the Certifying Authority that issued that electronic Signature Certificate as a relevant fact (a fact the court can consider when deciding an issue).
A question can come up in a case about whether an electronic signature belongs to a particular person. When the court must form a view on that electronic signature, the Certifying Authority that issued the certificate for that signature can provide an opinion.
Under Section 47A IEA, the opinion from that issuing Certifying Authority is relevant to the issue before the court. A party can place that opinion before the court whenever the court has to form a view on the electronic signature. Only the opinion given by the Certifying Authority that issued that electronic Signature Certificate is made relevant by the rule.
When Section 47A IEA Applies
- Applies when a court must form a view about the electronic signature of any person.
- Requires that a Certifying Authority has issued the electronic Signature Certificate for that electronic signature.
- Makes the opinion given by that issuing Certifying Authority a relevant fact before the court.
Example of Section 47A IEA
Section 47A IEA in the BSA
Section 47A IEA is now covered under Section 41(2) BSA.
Section 47A of the Indian Evidence Act, 1872 became Section 41(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. It now sits inside Section 41(2) as sub-section (2), instead of a section of its own.
View detailed comparison (IEA 47A vs BSA 41(2)) →FAQs on Section 47A IEA
What is Section 47A IEA?▼
Section 47A of the Indian Evidence Act, 1872 states when an opinion on an electronic signature is relevant in court. When a court has to form a view on the electronic signature of a person, the opinion given by the Certifying Authority that issued that electronic Signature Certificate is a relevant fact.
Whose opinion on an electronic signature is made relevant by Section 47A IEA?▼
The Certifying Authority that issued that electronic Signature Certificate. Section 47A IEA makes the opinion given by that issuing authority a relevant fact when the court has to form a view on the electronic signature of a person.
When does a court consider a Certifying Authority opinion under Section 47A IEA?▼
When the court has to form a view on the electronic signature of any person. In that situation, an opinion from the Certifying Authority that issued that electronic Signature Certificate is a relevant fact.
What is Section 47A IEA in BSA?▼
Section 41(2) BSA. From 1 July 2024, Section 47A IEA became sub-section (2) of Section 41 BSA, instead of a separate section, and the rule is the same.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·