Section 73 of the Indian Evidence Act: Comparison of Signatures, Writing and Seals
Courts may compare disputed signatures, handwriting, seals and finger impressions with genuine specimens. The former Section 73 of the Indian Evidence Act, 1872 is now substantially reflected in Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 72 BSA: Meaning and legal provision
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Section 72 - Comparison of signature, writing or seal with others admitted or proved
Sub-section (1): To determine whether a signature, writing or seal was made by a particular person, the court may compare the disputed material with a signature, writing or seal admitted or proved to the court's satisfaction to have been made by that person. The reference material need not have been produced or proved for another purpose.
Sub-section (2): The court may direct a person present in court to write specified words or figures so that they can be compared with disputed writing attributed to that person.
Sub-section (3): The provision also applies, with necessary modifications, to finger impressions.
Former Section 73 of the Indian Evidence Act, 1872
Section 73 was titled Comparison of signature, writing or seal with others admitted or proved. It authorised comparison with admitted or satisfactorily proved specimens, permitted the court to obtain writing samples from persons present in court, and extended the rule to finger impressions.
The finger-impression provision was inserted by Act 5 of 1899, Section 3. The substance of these rules continues under Section 72 BSA, with the provision organised into three numbered sub-sections.
How comparison of signatures and handwriting works
When a signature on a contract, will, receipt or other document is disputed, the court may consider reliable specimens whose authorship is admitted or independently proved. The disputed writing is then assessed alongside those specimens. A person present in court may also be asked to provide fresh writing for comparison.
Admitted specimen means a signature or writing acknowledged by the relevant person. Proved specimen means material whose authorship has been established to the court's satisfaction by evidence. Disputed writing is the signature or writing whose authorship must be determined.
Expert opinion and judicial caution
The court's power to compare handwriting is distinct from expert opinion. Section 39 BSA addresses opinions of experts, including those skilled in questions of handwriting or finger impressions. Depending on the circumstances, expert assistance, the quality of specimens and other corroborative evidence may be important. A visual similarity alone should not be treated as conclusive proof of authorship.
Courts must assess the evidence as a whole. Comparison under Section 72 does not dispense with other applicable requirements for proving the execution, authenticity or admissibility of a document.
Does Section 72 apply to digital signatures?
Digital-signature verification is separately addressed by Section 73 BSA, corresponding to former Section 73A of the Indian Evidence Act. It concerns verification using a Digital Signature Certificate and its associated public key. Read the related article on proof and verification of digital signatures.
Practical examples
Disputed agreement: A party denies signing an agreement. The court may compare the signature with signatures admitted or proved to be that party's.
Handwritten note: A person disputes writing a note. If that person is present in court, the court may direct them to write words or figures for comparison.
Finger impression: A disputed thumb impression on a document may be assessed against appropriately established reference impressions, with necessary modifications to the comparison process.
Frequently asked questions
What is the current equivalent of Section 73 of the Evidence Act?
Section 72 of the Bharatiya Sakshya Adhiniyam, 2023.
Can a court compare signatures without a handwriting expert?
Section 72 authorises comparison by the court. Whether expert evidence is advisable depends on the facts, and courts should exercise care in evaluating disputed handwriting.
Can a court require a handwriting sample?
Under Section 72(2), the court may direct a person present in court to write words or figures for comparison.
Are fingerprints included?
Yes. Section 72(3) extends the provision to finger impressions with necessary modifications.
Official legal sources
Bharatiya Sakshya Adhiniyam, 2023 - official Act and Bureau of Police Research and Development - BSA reference and correspondence.
This article provides general legal information. The applicable procedural and evidentiary provisions depend on the nature and date of the proceedings.