Bharatiya Sakshya Adhiniyam, 2023
Section 73 BSA 2023: Proof as to Verification of Digital Signature
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides a statutory method by which a Court may verify whether a digital signature was affixed by the person whose signature it purports to be.
Text of Section 73 - Proof as to Verification of Digital Signature
73. 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-
- that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;
- 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.
What Section 73 BSA Means
The purpose of Section 73 is to assist the Court when the identity or authenticity of a digital signer is in issue. The provision permits the Court to use the Digital Signature Certificate and the corresponding public key as part of the verification process.
The section is procedural and evidentiary. It does not merely ask whether a document contains a visible signature mark. It enables technical verification of the digital signature through the certificate and public-key mechanism associated with the signer.
Section 73 should therefore be read along with the provisions governing electronic and digital signatures under the Information Technology Act, 2000 and with other provisions of the BSA dealing with electronic records and electronic signatures.
How a Court May Verify a Digital Signature Under Section 73
| Step | What the Court may direct | Purpose |
|---|---|---|
| 1 | The alleged signer, the Controller or the Certifying Authority may be directed to produce the Digital Signature Certificate. | To place the relevant certificate and identification details before the Court. |
| 2 | Another person may be directed to apply the public key listed in the certificate. | To technically verify the digital signature purportedly affixed by the signer. |
Why the Digital Signature Certificate matters
A Digital Signature Certificate links identifying information with a public key used in the digital-signature infrastructure. Section 73 permits the Court to call for that certificate so that the signature can be checked against the public key associated with it.
Why the public key is used
Digital signatures operate through asymmetric cryptography. In general terms, a private key is used in creating the signature and the corresponding public key is used in the verification process. Section 73 expressly refers to applying the public key listed in the Digital Signature Certificate.
Important Legal Terms
Digital signature
Under the Information Technology Act, 2000, a digital signature is the authentication of an electronic record by a subscriber by means of an electronic method or procedure in accordance with Section 3 of that Act.
Certifying Authority
A Certifying Authority is an authority licensed under the Information Technology Act, 2000 to issue electronic signature certificates. In the context of Section 73 BSA, the Court may direct the relevant Certifying Authority to produce the Digital Signature Certificate.
Controller
The Controller of Certifying Authorities is the statutory authority appointed under the Information Technology Act, 2000. The Controller supervises Certifying Authorities and performs functions assigned by that Act.
Public key
The public key is the key made available for verification within an asymmetric cryptographic system. Section 73 specifically permits the Court to direct that the public key listed in the Digital Signature Certificate be applied to verify the disputed digital signature.
Practical Importance of Section 73
Section 73 is relevant where an electronically signed document is relied upon in judicial proceedings and the digital signature is disputed or requires verification. Examples may include digitally signed agreements, electronic filings, certificates, statutory forms and other electronic records carrying a digital signature.
The Court's power under Section 73 helps connect the disputed signature with the certificate and the cryptographic verification process. The evidentiary value of the electronic record may also depend on compliance with other applicable provisions of the BSA and the Information Technology Act, 2000.
Official Legal Sources
For the authoritative statutory text and current official material, refer to: