Meaning of Section 73 BSA

Section 73 establishes a legal mechanism for verifying whether a digital signature was affixed by the person to whom it is attributed. It empowers the court to direct the production of a Digital Signature Certificate or the verification of the digital signature using the public key listed in that certificate.

The provision is particularly relevant when a party disputes the authenticity of a digitally signed contract, electronic filing, business document or other digitally signed record.

For example, A produces a digitally signed agreement and claims that B signed it. B denies having affixed the digital signature. The court may direct B, the Controller or the Certifying Authority to produce the relevant Digital Signature Certificate. It may also direct another person to use the public key listed in that certificate to verify the disputed digital signature.

The provision provides a method of technical verification. It does not mean that every dispute concerning a digital document is resolved merely by producing a certificate.

Essential Elements of Section 73 BSA

1. A digital signature must be in dispute

The section applies when the court needs to determine whether a digital signature belongs to the person who purportedly affixed it.

It specifically concerns digital signatures and should not automatically be applied to every form of electronic authentication.

2. The court may direct production of a Digital Signature Certificate

Under clause (a), the court may direct any of the following to produce the Digital Signature Certificate:

• The person who allegedly affixed the digital signature.
• The Controller.
• The Certifying Authority.

The certificate is relevant to identifying and verifying the digital signature under the applicable statutory framework.

3. The court may direct verification using the public key

Under clause (b), the court may direct another person to apply the public key listed in the Digital Signature Certificate and verify the digital signature.

This allows technical verification rather than relying exclusively on a person’s assertion that the signature is genuine.

4. The provision gives the court a discretionary power

The wording states that the court may issue these directions. It does not require the court to order every possible verification step in every case.

Also Read: Section 87 BSA: Presumption as to Electronic Signature Certificates

The appropriate direction depends on the dispute and the evidence before the court.

What Is a Digital Signature Certificate?

A Digital Signature Certificate (DSC) is a certificate issued by a Certifying Authority under the Information Technology Act, 2000. It connects the identity of a subscriber with the relevant public key used in digital-signature verification.

Digital signatures use cryptographic techniques involving a private key and a corresponding public key. The private key is used to create the digital signature, while the corresponding public key is used to verify it.

A Digital Signature Certificate is therefore relevant to establishing the relationship between the subscriber and the public key used in verification.

However, verification of a digital signature should not be confused with proving every fact about the underlying transaction. Questions concerning authority, consent, fraud or the circumstances in which the signature was created may require additional evidence.

Role of the Controller and Certifying Authority

The Information Technology Act, 2000 provides the statutory framework for the Controller of Certifying Authorities and Certifying Authorities.

Authority or person	Relevance under Section 73
Person alleged to have affixed the signature	May be directed to produce the Digital Signature Certificate
Controller	May be directed to produce the certificate
Certifying Authority	May be directed to produce the certificate
Person conducting verification	May be directed to apply the certificate’s public key and verify the digital signature

The Controller and Certifying Authority have distinct statutory roles. Section 73 identifies them as persons from whom the certificate may be sought; it does not make them the only persons capable of carrying out verification.

Practical Examples of Section 73 BSA

Example 1: Disputed digital signature on an agreement

A company produces a digitally signed contract and claims that B authorised it. B denies affixing the signature.

The court may direct production of the relevant Digital Signature Certificate and direct a person to verify the digital signature using the listed public key.

Example 2: Disputed digital signature on an electronic filing

A party disputes whether a digitally signed court filing was signed by the person named in the certificate.

The court may use the powers under Section 73 to obtain the certificate and direct technical verification of the digital signature.

Example 3: Verification does not resolve every issue

A digital signature successfully verifies against the relevant public key, but the alleged signer claims that someone else used the private key without authority.

Also Read: Section 86 BSA: Presumption as to Electronic Records and Electronic Signatures

The technical result is relevant to the authenticity and integrity of the signature, but the dispute about who actually used the signing mechanism or whether the use was authorised may require further evidence.

Difference Between Section 72 and Section 73 BSA

Basis	Section 72 BSA	Section 73 BSA
Subject	Comparison of signatures, handwriting, seals and finger impressions	Verification of digital signatures
Method	Comparison with admitted or proved specimens	Production of a Digital Signature Certificate and verification using its public key
Main purpose	Assessing whether a physical specimen belongs to a person	Determining whether a digital signature is attributable to the person who purportedly affixed it
Technical framework	Handwriting, signature or fingerprint comparison	Digital-signature verification under the Information Technology Act framework

The distinction is important because a digital signature is not simply an electronic image of a handwritten signature. It is a cryptographic mechanism governed by the applicable statutory framework.

Difference Between Section 73 BSA and Section 73A of the Indian Evidence Act, 1872

Basis	Section 73 BSA	Section 73A Indian Evidence Act
Subject	Proof as to verification of digital signature	Same subject
Certificate production	Permits the court to direct production of the Digital Signature Certificate	Substantially the same power
Public-key verification	Permits the court to direct another person to apply the listed public key and verify the signature	Substantially the same power
Current status	Current provision under the BSA	Predecessor provision, repealed from 1 July 2024, subject to applicable savings and transitional provisions

Section 73 BSA carries forward the core verification mechanism from Section 73A of the Indian Evidence Act, 1872.

Relevant Legal Provisions

• Section 66 BSA: Proof as to electronic signature.
• Section 72 BSA: Comparison of signature, writing or seal with others admitted or proved.
• Section 73 BSA: Proof as to verification of digital signature.
• Information Technology Act, 2000: Provides the statutory framework for digital signatures, electronic signatures, Digital Signature Certificates and Certifying Authorities.

Section 66 and Section 73 should not be treated as identical. Section 66 concerns proof of an electronic signature attributed to a subscriber, subject to its secure-electronic-signature exception. Section 73 specifically addresses verification of digital signatures through the certificate and public-key mechanism.

Important Points for Law Students and Judiciary Aspirants

• Section 73 BSA corresponds to Section 73A of the Indian Evidence Act, 1872.
• The provision deals specifically with verification of digital signatures.
• The court may direct production of a Digital Signature Certificate.
• The certificate may be sought from the alleged signer, the Controller or the Certifying Authority.
• The court may direct another person to apply the public key listed in the certificate to verify the signature.
• The provision is discretionary: the court may issue the directions it considers appropriate.
• Digital-signature verification does not necessarily resolve separate questions concerning consent, authority or fraud.
• Section 73 should be distinguished from Section 72, which concerns comparison of signatures, handwriting, seals and finger impressions.

Frequently Asked Questions (FAQs)

1. What is Section 73 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 73 provides a mechanism for verifying whether a digital signature belongs to the person who purportedly affixed it. The court may direct production of the Digital Signature Certificate or verification using the public key listed in the certificate.

2. Which section of the Indian Evidence Act corresponds to Section 73 BSA?

Section 73 BSA corresponds to Section 73A of the Indian Evidence Act, 1872.

3. What is the purpose of a Digital Signature Certificate under Section 73?

The certificate helps establish the connection between a subscriber’s identity and the public key used to verify the digital signature.

4. Can the court direct a Certifying Authority to produce a Digital Signature Certificate?

Yes. Section 73(a) expressly permits the court to direct the Certifying Authority, the Controller or the person alleged to have affixed the digital signature to produce the certificate.

5. Who can verify a digital signature under Section 73?

The court may direct another person to apply the public key listed in the Digital Signature Certificate and verify the signature. The provision does not restrict verification exclusively to the Controller or Certifying Authority.

6. Does successful digital-signature verification prove that the entire transaction is valid?

No. Verification addresses the digital signature. Separate questions concerning authority, consent, fraud, contractual validity or other legal requirements may still need to be determined.

7. What is the difference between Section 66 and Section 73 BSA?

Section 66 concerns proof that an electronic signature belongs to a particular subscriber, subject to the stated exception. Section 73 provides a specific mechanism for verifying a digital signature through a Digital Signature Certificate and its listed public key.

Conclusion

Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 empowers courts to verify disputed digital signatures by directing production of a Digital Signature Certificate or the application of the public key listed in that certificate. It provides a technical mechanism for examining digital-signature authenticity while leaving other disputed questions to be resolved through the applicable law and evidence.

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