Section 72 Bharatiya Sakshya Adhiniyam, 2023: Comparison of signature, writing or seal with others admitted or proved

Section 72 of Bharatiya Sakshya Adhiniyam, 2023: Comparison of signature, writing or seal with others admitted or proved

Official Bare Act Text

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

(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.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 72

Section 72 empowers the Court to compare any disputed signature, writing, or seal with any others admitted or proved to the satisfaction of the Court to have been written or made by that person, and authorizes directing persons present in Court to write specimens.

Judicial Comparison Power: The judge is authorized to independently compare disputed and admitted signatures or writings.
Admitted or Proved Standard: The comparison standard (exemplar) must be proven or admitted beyond dispute (e.g. registered deeds, court pleadings, bank signature cards).
Power to Direct Specimens: The court may direct any person present in court to write words or figures for comparison, applicable to civil parties and accused persons.

Key Landmark Precedents:

State (Delhi Admn.) v. Pali Ram (1979) 2 SCC 158: The Supreme Court held that the court has the power under Section 73 IEA (Section 72 BSA) to direct an accused to give specimen handwriting; doing so does not violate the protection against self-incrimination under Article 20(3).
Ajit Savant Majagvai v. State of Karnataka (1997) 7 SCC 110: Cautioned that although the court possesses the power to compare handwritings, it should rarely assume the role of an expert without assistance from a forensic handwriting examiner.

Courtroom Practice & Strategic Litigation Guidance:

When a defendant falsely denies their signature on an agreement, move an application under Section 72 BSA praying for: (1) direction to the defendant to provide specimen signatures in open court, and (2) transmission of disputed and specimen signatures to the State Forensic Science Laboratory (FSL).