Indian Evidence Law | Updated 20 October 2026
Section 67A of the Indian Evidence Act: Proof of Electronic Signature
Section 67A explains when a person's electronic signature on an electronic record must be proved. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 66.
What does proof of electronic signature mean?
An electronic signature is a legally recognised method of authenticating an electronic record under the Information Technology Act, 2000. A subscriber is the person in whose name the relevant electronic signature certificate is issued, where such a certificate is involved. The signature's appearance on a document does not, by itself, settle a genuine dispute over who applied it.
Section 67A of the Indian Evidence Act, 1872
Statutory rule: Except in the case of a secure electronic signature, where an electronic signature of a subscriber is alleged to have been affixed to an electronic record, it must be proved that the electronic signature is that of the subscriber.
The section was inserted by the Information Technology Act, 2000 (effective 17 October 2000). The terminology was later changed from "digital signature" to "electronic signature" by the Information Technology (Amendment) Act, 2008, effective 27 October 2009.
Section 66 of the Bharatiya Sakshya Adhiniyam, 2023
Section 66 - Proof as to electronic signature: This provision carries forward the principle that, except for a secure electronic signature, a subscriber's disputed electronic signature must be proved to be that subscriber's signature.
The exception does not mean that a purportedly secure signature is immune from challenge. Statutory presumptions and the requirements for establishing a secure electronic signature must be considered along with any evidence of compromise, impersonation or misuse.
What is a secure electronic signature?
Under Section 15 of the Information Technology Act, 2000, an electronic signature is treated as secure when the statutory conditions and prescribed security procedures are satisfied. These include the signature-creation data being under the exclusive control of the signatory when affixed, and a link to the electronic record that makes subsequent alteration detectable.
Secure electronic signatures may attract statutory presumptions under the evidence law. Ordinary electronic signatures do not automatically receive the same evidentiary treatment.
How can an electronic signature be proved?
- Verify the signer: Identify the subscriber and the circumstances in which the signature was applied.
- Examine the certificate: Where applicable, verify the digital signature certificate, issuing Certifying Authority, validity and revocation status.
- Check technical integrity: Examine the signed file, cryptographic verification result, timestamps and whether the record was modified after signing.
- Produce supporting records: Preserve transaction logs, audit trails, account records, communications and relevant device information.
- Comply with electronic evidence rules: When tendering computer outputs, consider Section 63 of the BSA and its prescribed certificate requirements, where applicable.
- Use expert evidence when necessary: Technical or forensic examination may assist the court if authenticity is disputed.
Related legal provisions
| Provision | Subject |
|---|---|
| Indian Evidence Act, Section 67A / BSA, Section 66 | Proof of electronic signature |
| Indian Evidence Act, Section 65B / BSA, Section 63 | Admissibility and certification of electronic records |
| Information Technology Act, Section 3 | Authentication using digital signatures |
| Information Technology Act, Section 3A | Electronic signature authentication |
| Information Technology Act, Section 15 | Secure electronic signature |
Practical example
Suppose a company relies on an electronically signed agreement, but the alleged signatory denies signing it. The company may need to establish the signature's authenticity through certificate validation, relevant electronic records, audit logs or expert examination. If the signature qualifies as secure, the applicable statutory presumption must also be considered. Whether the agreement is enforceable depends on other applicable legal requirements as well.
Frequently asked questions
Is an electronic signature legally valid in India?
Electronic signatures can have legal recognition under the Information Technology Act, 2000, subject to its requirements and statutory exclusions. Validity and proof are separate questions.
Is a scanned handwritten signature an electronic signature?
A scanned image of a handwritten signature is not automatically equivalent to a legally authenticated electronic signature. Its authenticity and evidentiary value depend on the circumstances and applicable law.
Does every electronic signature require an expert witness?
No. The need for expert evidence depends on the nature of the signature, the dispute, the available proof and the court's assessment.
Official legal sources
Read the statutory texts and current amendments through India Code (Government of India), including the Bharatiya Sakshya Adhiniyam, 2023 and the Information Technology Act, 2000. The Controller of Certifying Authorities provides official information about digital signatures, certificates and certifying authorities.
This article is for general legal information. Applicability of the former Evidence Act and the BSA depends on the relevant proceeding and statutory savings provisions.