Bharatiya Sakshya Adhiniyam, 2023
Section 73
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. Public documents
Why this exists
As India moved towards digital transactions and electronic records, laws needed a way to verify digital signatures the same way handwriting or fingerprints are verified for physical signatures. This provision, inherited in spirit from Section 73 of the old Indian Evidence Act (as amended by the Information Technology Act, 2000), gives courts a structured method to confirm the authenticity of digital signatures using technical and institutional means, ensuring digital evidence can be trusted in legal proceedings.
Common misconceptions
- Myth: Digital signatures can't be challenged in court because they're 'technical' and automatically trustworthy.
Fact: Courts can and do verify digital signatures using this provision if there's doubt about their authenticity. - Myth: Only the person who signed can prove whether their digital signature is real.
Fact: The law allows Controllers, Certifying Authorities, or independent technical experts to verify the signature too.