Section 73A Evidence Act: Proof and Verification of Digital Signatures
Section 73A of the Indian Evidence Act, 1872 addressed how a court could verify a disputed digital signature. The corresponding provision in the law now in force is Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: 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.
Official statutory text: Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Former Section 73A of the Indian Evidence Act, 1872
Heading: 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).
Legislative history: Section 73A was inserted by the Information Technology Act, 2000 (Act 21 of 2000), Section 92 and the Second Schedule, with effect from 17 October 2000.
Meaning and operation of the provision
Digital signature
A digital signature is an electronic authentication method based on asymmetric cryptography. Under Section 3 of the Information Technology Act, 2000, authentication uses a private key to create a digital signature and a mathematically related public key to verify it.
Digital Signature Certificate
A Digital Signature Certificate associates the signatory with the relevant public key. The court may require production of the certificate to examine the asserted connection between the signatory and the signed electronic record.
Controller and Certifying Authority
The Controller of Certifying Authorities is appointed under Section 17(1) of the Information Technology Act, 2000. A Certifying Authority is an entity licensed under that Act to issue electronic signature certificates, including Digital Signature Certificates as applicable.
Public-key verification
Section 73 BSA allows the court to direct another person to use the public key identified in the certificate to verify the purported signature. Technical verification can help determine whether the signature matches the relevant key and whether the signed data has changed. The weight and admissibility of the evidence remain subject to the applicable evidentiary rules.
Practical application in court
- Identify the electronic record and the digital signature whose authenticity is disputed.
- Produce the relevant Digital Signature Certificate and information necessary to establish its validity and connection to the alleged signatory.
- Where directed by the court, conduct public-key verification and document the method and result.
- Address any additional requirements governing proof and admissibility of electronic records, including Section 63 BSA where applicable.
Related provisions and transition
Section 72 BSA deals with comparison of signatures, writing and seals; Section 73 BSA specifically addresses verification of digital signatures. Section 63 BSA governs admissibility of electronic records subject to its conditions. Section 170 BSA contains the repeal and savings provisions, including treatment of proceedings pending when the new Act commenced. The applicable regime should be assessed in light of those savings provisions rather than solely the date of the document.
For the current legislation, consult the official India Code record for the BSA. For the regulatory framework governing digital signatures, consult the Controller of Certifying Authorities.
Frequently asked questions
Is Section 73A of the Indian Evidence Act still in force?
No. The Indian Evidence Act was repealed with effect from 1 July 2024, subject to Section 170 BSA. Section 73 of the BSA is the corresponding current provision.
Can a court require verification of a disputed digital signature?
Yes. Section 73 BSA authorises the court to direct production of the Digital Signature Certificate or public-key verification as specified in the provision.
Does successful cryptographic verification automatically prove every fact in a document?
No. It addresses the technical verification of the signature; questions of admissibility, attribution, context and evidentiary weight may still arise.
Legal information is provided for general reference. Consult the applicable statutory text and professional advice for a particular case.