Section 73A IEA: Proof as to verification of digital signature

Indian Evidence Act, 1872

Section 73A IEA at a Glance

Section 73A IEA deals with proof as to verification of digital signature. From 1 July 2024 it is replaced by Section 73 BSA.

Now BSA

Section 73 →

Section 73A IEA Bare Act Text

73A. 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.

Explanation

For the purposes of this section, “Controller” means the Controller appointed under sub-section (1) of section 17 of the Information Technology Act, 2000 (21 of 2000).

Source: Section 73A, Indian Evidence Act, 1872

Section 73A IEA in Simple Words

Section 73A of the Indian Evidence Act, 1872 set out how a court could check whether a digital signature truly belonged to the person whose signature appeared on a record. Instead of relying on guesswork, the court had the power to call for the certificate linked to that signature and have the signature tested.

First, the court could direct the person whose digital signature was in question, the Controller, or the Certifying Authority (the authority that issues certificates for digital signatures) to produce the Digital Signature Certificate. Under the Explanation to Section 73A IEA, the term Controller meant the official appointed under section 17(1) of the Information Technology Act, 2000.

Second, the court could direct any other person to take the public key (the mathematical key named in that Digital Signature Certificate) and apply it to check whether the digital signature was really affixed by the person named.

When Section 73A IEA Applies

  • A court when it needed to find out whether a digital signature was truly affixed by the person whose signature it appeared to be.
  • The person whose signature was in question, the Controller appointed under section 17(1) of the Information Technology Act, 2000, or the Certifying Authority, when directed by the court to hand over the Digital Signature Certificate.
  • Any other person whom the court directed to use the public key from that Digital Signature Certificate to check the disputed digital signature.

Example of Section 73A IEA

In 2022, a commercial dispute in a court in Pune turned on whether Ramesh had affixed the digital signature on an electronic supply contract with Anita. Ramesh denied signing the electronic supply contract. Under Section 73A IEA, the court directed the Certifying Authority to produce the Digital Signature Certificate issued for that signature. The court then directed a technical expert to take the public key from that certificate and check the disputed digital signature on the electronic supply contract.

Section 73A IEA in the BSA

Section 73A IEA is now covered under Section 73 BSA.

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.

View detailed comparison (IEA 73A vs BSA 73) →

FAQs on Section 73A IEA

What is Section 73A IEA?▼

Section 73A of the Indian Evidence Act, 1872 let a court verify whether a digital signature belonged to the person who appeared to have affixed it. The court could call for the Digital Signature Certificate and direct someone to use its public key to test the signature.

Did Section 73A IEA make it mandatory for the court to order verification of a digital signature?▼

No. Section 73A IEA stated that the court may issue these directions when checking a digital signature, leaving the decision to the discretion of the court.

Who could be asked to produce the Digital Signature Certificate under Section 73A IEA?▼

The court could direct the person whose digital signature was being checked, the Controller, or the Certifying Authority to bring the Digital Signature Certificate. Under Section 73A IEA, the Controller meant the official appointed under section 17(1) of the Information Technology Act, 2000.

What is Section 73A IEA in BSA?▼

Section 73 BSA. Section 73A IEA became Section 73 BSA on 1 July 2024 with the same rule for verifying a digital signature. The Explanation defining the Controller was dropped from the section, and Section 2(2) BSA gives that term its meaning from the Information Technology Act, 2000.

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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 ·