Proof as to verification of digital signature
Section 73A of the Indian Evidence Act, 1872 deals with 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; The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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).] PUBLIC DOCUMENTS
Section 73A, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 73 Proof as to verification of digital signature Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Subsequently, statements of the petitioner were also recorded under Section 313 Cr.P.C. After recording the statements of the petitioner, petitioner made endeavor for sending the cheque to FSL by laying application under Section 45 read with Section 73A of the Indian Evidence Act, 1872. Prayer made by the petitioner did not find favour from the learned trial Court and the same was declined precisely on the ground that it was grossly belated and the trial has materially progressed. Being aggrieved by the same, petitioner approached the learned revisional Court …
Questions about Section 73A
What does Section 73A of the Indian Evidence Act deal with?
Section 73A of the Indian Evidence Act is headed "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;
How do I find court cases under Section 73A of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 73A, section 73A IEA, section 73A of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 73A of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 73 (Proof as to verification of digital signature), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 73A of the Indian Evidence Act come into force?
Section 73A of the Indian Evidence Act, cited as IEA 73A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.