Section 73 IEA: Comparison of signature, writing or seal with others admitted or proved
Indian Evidence Act, 1872
Section 73 IEA at a Glance
Section 73 IEA deals with comparison of signature, writing or seal with others admitted or proved. From 1 July 2024 it is replaced by Section 72 BSA.
Section 73 IEA Bare Act Text
73. Comparison of signature, writing or seal with others admitted or proved
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.
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.
This section applies also, with any necessary modifications, to finger-impressions.
Source: Section 73, Indian Evidence Act, 1872
Section 73 IEA in Simple Words
Section 73 of the Indian Evidence Act, 1872 lets a court test whether a disputed signature, writing, seal, or finger-impression is genuine. This is done by comparing the disputed mark with a known sample from the same person.
When it must be found out whether a person actually made a signature, writing, or seal, a comparison can be made. Another signature, writing, or seal from that person is compared against the disputed item. The sample must be admitted, or proved so that the court is satisfied, as coming from that person. Such a sample can be used even if nobody produced or proved it for another reason.
Under Section 73 IEA, the court can also order any person present inside 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. The rules in the Act also cover finger-impressions, with any needed adjustments.
When Section 73 IEA Applies
- 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.
- 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.
- 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.
- The rule also covers finger-impressions, with any needed adjustments.
Example of Section 73 IEA
Section 73 IEA in the BSA
Section 73 IEA is now covered under Section 72 BSA.
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.
View detailed comparison (IEA 73 vs BSA 72) →FAQs on Section 73 IEA
What is Section 73 IEA?▼
Section 73 of the Indian Evidence Act, 1872 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 73 IEA?▼
Yes. Under Section 73 IEA, an admitted or proved signature, writing, or seal can be used for comparison even if it was not brought in or proved for another reason.
Can the court ask someone in the courtroom to give a handwriting sample under Section 73 IEA?▼
Yes. Section 73 IEA lets the court order any person present in the courtroom to write words or figures for the court to compare with the disputed writing.
Does Section 73 IEA apply to finger-impressions?▼
Yes. Section 73 IEA states that its comparison rules also apply to finger-impressions, with any needed adjustments.
What is Section 73 IEA in BSA?▼
Section 72 BSA. Section 73 IEA became Section 72 BSA on 1 July 2024 without any change in wording, and the text is arranged in numbered sub-sections.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·