Section 72 BSA: Comparison of Signature, Writing or Seal

Section 72 BSA empowers courts to compare disputed signatures, handwriting, seals and finger impressions with admitted or proved specimens.

Introduction

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the comparison of signatures, handwriting, seals and finger impressions to determine whether they belong to the person to whom they are attributed.

The provision enables a court to compare disputed writing or signatures with other specimens that have been admitted or proved to the court’s satisfaction. It also permits the court to direct a person present before it to write specified words or figures for comparison.

This section is important in disputes involving forged signatures, disputed agreements, handwritten documents, property deeds, cheques and other records whose authenticity is challenged.

Section 72 BSA corresponds to Section 73 of the Indian Evidence Act, 1872. Its central rules have been carried forward substantially unchanged.

Bare Act: Section 72 of the Bharatiya Sakshya Adhiniyam, 2023

72. Comparison of signature, writing or seal with others admitted or proved.—

(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.

(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

(3) This section applies also, with any necessary modifications, to finger impressions.

Meaning of Section 72 BSA

Section 72 provides a method of determining whether a disputed signature, handwriting or seal belongs to a particular person. The court may compare the disputed specimen with another specimen that it is satisfied was written or made by that person.

The comparison specimen need not have been produced or proved for some other purpose in the proceedings. Its suitability for comparison is the relevant consideration under subsection (1).

For example, A produces a loan agreement bearing a signature allegedly made by B. B denies signing the agreement. The court may compare the disputed signature with B’s admitted or otherwise proved signatures to assess whether the signature belongs to B.

The provision also allows the court to direct B, if present in court, to write particular words or figures. The resulting specimen may be compared with the disputed handwriting.

Section 72 extends the same principle, with necessary modifications, to finger impressions.

Important: The power to compare specimens does not mean that a court must decide every handwriting dispute solely through visual inspection. Expert opinion and other relevant evidence may assist the court, and the weight of the evidence depends on the circumstances of the case.

Essential Elements of Section 72 BSA

1. A disputed signature, writing or seal must be identified

The provision applies when the court needs to determine whether a signature, handwriting or seal belongs to the person to whom it is attributed.

Examples include a disputed signature on a contract, handwriting on a letter, or a seal alleged to have been affixed by a particular person.

2. The comparison specimen must be admitted or proved

The comparison must be made with a signature, writing or seal that the court is satisfied was made by the person concerned.

The specimen may be admitted by the relevant person or established through appropriate evidence. A disputed specimen cannot simply be treated as genuine without a proper basis.

3. The specimen need not have been proved for another purpose

Section 72(1) expressly allows the court to use a signature, writing or seal for comparison even if it has not been produced or proved for any other purpose.

Also Read: Section 13 of Bharatiya Sakshya Adhiniyam, 2023: Facts Bearing on Whether an Act Was Accidental or Intentional

This means the specimen’s evidentiary usefulness for comparison does not depend on whether it was originally introduced to prove some separate fact in the proceedings.

4. The court may direct a person to provide a writing specimen

Under Section 72(2), the court may direct a person present before it to write particular words or figures. The resulting specimen can then be compared with the disputed writing.

The power helps the court obtain a comparison specimen when necessary for resolving the dispute.

5. The provision also applies to finger impressions

Section 72(3) expressly extends the provision, with necessary modifications, to finger impressions.

This enables comparison of disputed finger impressions with those admitted or proved to belong to the relevant person.

How Does a Court Compare Disputed Handwriting?

The comparison process can be understood through the following steps.

<list marker=”number” gap={2}> <list-item>**Identify the disputed specimen.** Determine which signature, writing, seal or finger impression is in question.</list-item> <list-item>**Obtain a suitable comparison specimen.** Identify a specimen admitted or proved to have been made by the person concerned.</list-item> <list-item>**Compare relevant characteristics.** The comparison may examine letter formation, spacing, strokes, writing habits and other relevant features, depending on the type of specimen.</list-item> <list-item>**Consider expert assistance where appropriate.** A handwriting or forensic expert may assist through a reasoned opinion based on the material examined.</list-item> <list-item>**Evaluate the evidence as a whole.** The court considers the comparison alongside the other evidence and determines whether the disputed specimen has been satisfactorily identified.</list-item> </list>

This is an explanatory outline, not a mandatory sequence prescribed by Section 72. The appropriate procedure depends on the circumstances of the case.

Can a Court Compare Signatures Without a Handwriting Expert?

Yes. Section 72 permits the court to compare disputed and admitted or proved signatures or handwriting. The court’s power does not depend on the presence of an expert in every case.

However, the Supreme Court has cautioned that handwriting comparison can be hazardous, particularly when the disputed writing is central to a criminal prosecution. Expert assistance may be prudent where the issue is important or the comparison is difficult.

A court should not blindly accept an expert’s conclusion either. It must assess the expert’s reasons, the material examined and the other evidence.

The relevant distinction is that expert opinion assists the court, but the ultimate assessment of the evidence remains with the court.

Important Case Laws on Comparison of Signatures and Handwriting

Section 72 BSA corresponds to Section 73 of the Indian Evidence Act, 1872. The following Supreme Court decisions interpreted the predecessor provision and remain relevant to understanding the current rule.

1. State (Delhi Administration) v. Pali Ram (1979)

Citation: (1979) 2 SCC 158; AIR 1979 SC 14.

Court: Supreme Court of India.

Facts: During criminal proceedings, the prosecution sought to obtain the accused’s specimen handwriting so that it could be compared with disputed writing through a handwriting expert. The issue was whether the court could direct the accused to provide specimen writing under Section 73 of the Indian Evidence Act.

Decision: The Supreme Court upheld the court’s power to direct the production of specimen writing for comparison. It explained that the court could use its own comparison and could also obtain expert assistance to reach a proper conclusion.

Legal principle: The court’s comparison power and the use of handwriting expertise are complementary rather than mutually exclusive. However, a court should exercise caution before relying solely on its own visual comparison, particularly where the disputed writing is crucial to a criminal case.

Relevance to Section 72 BSA: This is a leading authority on the predecessor provision. It explains the court’s power to obtain specimen handwriting and the importance of expert assistance where appropriate.

2. Murari Lal v. State of Madhya Pradesh (1980)

Citation: (1980) 1 SCC 704; AIR 1980 SC 531.

Court: Supreme Court of India.

Also Read: Section 53 BSA: Facts Admitted Need Not Be Proved

Legal issue: The case concerned the evidentiary value of handwriting-expert opinion and the court’s power to compare disputed writing with admitted or proved specimens.

Decision and principle: The Supreme Court held that there is no inflexible rule that handwriting-expert evidence must always be corroborated before it can be accepted. Its weight depends on the reasons supporting the opinion, the expert’s evidence and the surrounding circumstances.

The Court also recognised the power of a court to compare disputed and admitted handwriting under Section 73 of the predecessor Evidence Act, while emphasising the need for caution.

Relevance to Section 72 BSA: The judgment explains how a court should evaluate expert opinion and its own comparison of handwriting. It makes clear that neither method should be assessed mechanically or without considering the evidence as a whole.

3. K.S. Satyanarayana v. V.R. Narayana Rao (1999)

Citation: (1999) 6 SCC 104.

Court: Supreme Court of India.

Legal issue: The case involved disputed signatures and whether the trial court should have examined the relevant circumstances and used its power to compare signatures under Section 73 of the Indian Evidence Act.

Principle: The Supreme Court observed that the court should have examined the circumstances surrounding the disputed signatures and could have used its statutory power of comparison to assist in resolving the issue.

Relevance to Section 72 BSA: The decision illustrates the practical importance of comparison where a party disputes signatures appearing on documents relied upon in litigation. It should not be read as requiring a court to conduct its own comparison in every case.

Difference Between Section 72 BSA and Section 73 of the Indian Evidence Act, 1872

Basis	Section 72 BSA	Section 73 Indian Evidence Act
Subject	Comparison of signature, writing or seal	Same subject
Comparison specimens	Admitted or proved signatures, writing or seals	Substantially the same rule
Court-directed specimen	Court may direct a person present to write words or figures	Substantially the same power
Finger impressions	Expressly covered by subsection (3)	Covered by the corresponding final paragraph
Current status	In force from 1 July 2024	Repealed from 1 July 2024, subject to applicable savings and transitional provisions

The central rule has been carried forward substantially unchanged. Earlier judgments under Section 73 remain relevant to the corresponding provision, subject to the current statutory framework.

Difference Between Section 72 and Section 73 BSA

These sections deal with different types of signatures and must not be confused.

Basis	Section 72 BSA	Section 73 BSA
Subject	Comparison of handwritten signatures, writing, seals and finger impressions	Verification of digital signatures
Method	Comparison with admitted or proved specimens; the court may direct a person to write words or figures	The court may direct production of a Digital Signature Certificate or verification using the public key listed in it
Main purpose	Assessing whether a physical signature, writing, seal or finger impression belongs to a person	Verifying whether a digital signature is attributable to the person who purportedly affixed it

Section 72 concerns comparison of physical specimens. Section 73 addresses verification of digital signatures under the applicable statutory framework.

Related Provisions of the Bharatiya Sakshya Adhiniyam, 2023

• Section 39: Deals with expert opinions, including opinions relevant to handwriting and other specialised fields.
• Section 41: Addresses opinion as to handwriting and signature when relevant.
• Section 65: Deals with proof of a signature or handwriting attributed to a person.
• Section 72: Provides for comparison of signatures, writing, seals and finger impressions.
• Section 73: Deals with verification of digital signatures.

These provisions may operate together in a case involving disputed handwriting or signatures. Section 72 provides the comparison mechanism, while the provisions concerning expert opinion address relevant specialist evidence.

Important Points for Law Students and Judiciary Aspirants

• Section 72 BSA corresponds to Section 73 of the Indian Evidence Act, 1872.
• The court may compare disputed signatures, handwriting and seals with specimens admitted or proved to belong to the relevant person.
• The comparison specimen need not have been proved for another purpose.
• The court may direct a person present before it to write words or figures for comparison.
• Section 72 also applies, with necessary modifications, to finger impressions.
• The court may compare handwriting itself, but expert assistance may be prudent in difficult or important cases.
• Handwriting-expert opinion is relevant evidence, but its weight depends on the reasons and material supporting the opinion.
• Section 72 should not be confused with Section 73 BSA, which deals with verification of digital signatures.
• State (Delhi Administration) v. Pali Ram explains the court’s power to obtain specimen writing and seek expert assistance.
• Murari Lal v. State of Madhya Pradesh explains the evidentiary value of handwriting-expert opinion and the court’s role in evaluating it.

Frequently Asked Questions (FAQs)

1. What is Section 72 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 72 allows a court to compare a disputed signature, writing or seal with a specimen admitted or proved to belong to the person concerned. It also extends, with necessary modifications, to finger impressions.

2. Which section of the Indian Evidence Act corresponds to Section 72 BSA?

Section 72 BSA corresponds to Section 73 of the Indian Evidence Act, 1872.

3. Can a court compare signatures without a handwriting expert?

Yes. Section 72 permits the court to compare disputed and admitted or proved specimens. However, expert assistance may be appropriate where the comparison is difficult or the disputed signature is crucial to the case.

4. Can a court direct a person to provide specimen handwriting?

Section 72(2) permits the court to direct a person present before it to write specified words or figures for comparison with disputed writing. The exercise of this power must be consistent with the applicable law.

5. Does Section 72 apply to fingerprints?

Yes. Section 72(3) expressly extends the provision, with necessary modifications, to finger impressions.

6. Is handwriting-expert opinion conclusive?

No. Expert opinion is evidence for the court to evaluate. The court must consider the reasoning supporting the opinion, the materials examined and the other relevant evidence.

7. What did the Supreme Court hold in State (Delhi Administration) v. Pali Ram?

The Supreme Court recognised the court’s power to direct specimen handwriting for comparison and explained that court comparison and expert assistance can complement each other. It also emphasised caution when a disputed writing is central to a criminal case.

Conclusion

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 provides a statutory method for comparing disputed signatures, handwriting, seals and finger impressions with admitted or proved specimens. It empowers courts to obtain specimen writing where appropriate and to assess handwriting evidence with or without expert assistance. For examinations and practical legal work, the key points are the requirement of a reliable comparison specimen, the court’s power to direct specimen writing, the role of expert opinion and the need to evaluate the evidence carefully.

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