Section 66 Bharatiya Sakshya Adhiniyam, 2023: Proof as to electronic signature

Section 66 of Bharatiya Sakshya Adhiniyam, 2023: Proof as to electronic signature

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Fact Sec 2(1)(d) Proved Sec 2(1)(f) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 66

Section 66 governs the proof of secure electronic signatures, providing that where an electronic record is alleged to have been signed with an electronic signature, that signature must be proved by producing the subscriber or authorized certification authority.

Electronic Signature Proof: Applies to digital signatures, Aadhaar e-Sign, and cryptographic signatures under the Information Technology Act, 2000.
Certification Verification: Requires verification through the Certifying Authority (CA) or public key infrastructure (PKI) logs.
Presumption Interplay: Operates alongside statutory presumptions under Section 86 regarding secure electronic records and signatures.

Key Landmark Precedents:

State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600: The Supreme Court examined cryptographic verification standards and digital signatures under the Information Technology Act and Evidence Act framework.
Shamsher Singh Verma v. State of Haryana (2016) 15 SCC 485: Affirmed that electronic and digital signatures must conform to statutory verification requirements to carry legal validity.

Courtroom Practice & Strategic Litigation Guidance:

In online contract disputes and fintech litigations, submit the Electronic Signature Certificate (ESC) issued by a licensed Certifying Authority along with the timestamp audit log to establish conclusive execution under Section 66.