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Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence

Section 73A: Proof as to verification of digital signature

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BSA section 73 (Proof as to verification of digital signature)

In plain words

To verify whether a digital signature is that of the person said to have affixed it, the court can direct that person, the Controller or the Certifying Authority to produce the Digital Signature Certificate, and direct anyone to apply the listed public key to verify it.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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).]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 73A

No Supreme Court judgment in our database cites this section yet.