Section 67A IEA: Proof as to electronic signature

Indian Evidence Act, 1872

Section 67A IEA at a Glance

Section 67A IEA deals with proof as to electronic signature. From 1 July 2024 it is replaced by Section 66 BSA.

Now BSA

Section 67A IEA Bare Act Text

67A. 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 67A, Indian Evidence Act, 1872

Section 67A IEA in Simple Words

Section 67A of the Indian Evidence Act, 1872 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 67A IEA states an exception for a secure electronic signature. When a secure electronic signature is used, Section 67A IEA does not apply. For any other electronic signature on an electronic record, proof that it belongs to the subscriber is mandatory.

When Section 67A IEA 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 67A IEA

In 2021, Ramesh relies on an electronic signature on an electronic record in a court dispute in Chennai. Ramesh claims that the electronic signature of Priya was affixed to that record. The signature is not a secure electronic signature. Under Section 67A IEA, it must be proved that the electronic signature on the record belongs to Priya.

When Section 67A IEA Does Not Apply

Section 67A IEA does not apply when the signature is a secure electronic signature.

Section 67A IEA in the BSA

Section 67A IEA is now covered under Section 66 BSA.

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 detailed comparison (IEA 67A vs BSA 66) →

FAQs on Section 67A IEA

What is Section 67A IEA?▼

Section 67A of the Indian Evidence Act, 1872 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 67A IEA require proof for a secure electronic signature?▼

No. Section 67A IEA expressly excludes a secure electronic signature from its requirement of proof.

Must the electronic signature of a subscriber be proved under Section 67A IEA?▼

Yes. Unless the signature is a secure electronic signature, proof is mandatory under Section 67A IEA. When a signature on an electronic record is alleged to be that of a subscriber, that fact must be proved.

What is Section 67A IEA in BSA?▼

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

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·