Section 73 Bharatiya Sakshya Adhiniyam, 2023: Proof as to verification of digital signature

Section 73 of Bharatiya Sakshya Adhiniyam, 2023: Proof as to verification of digital signature

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 73

Section 73 authorizes the Court to direct the person or the Certifying Authority to produce the Electronic Signature Certificate, or direct any other person to apply the public key to verify the digital signature.

Digital Verification Mechanism: Enables the court to verify whether an electronic or digital signature was genuinely created by the subscriber.
Certifying Authority Direction: Court may summon CA logs, public key repository records, and identity verification dossiers.
Cryptographic Audit Standard: Provides statutory authority for cryptographic verification of disputed corporate emails, e-bids, and digital tenders.

Key Landmark Precedents:

Sushil Kumar v. State of Haryana (2022) 1 SCC 712: The Supreme Court highlighted the importance of digital certificate verification in tenders and procurement disputes under IT and evidence provisions.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: Reaffirmed the technological integrity required for electronic documentation and digital certifications under the Adhiniyam.

Courtroom Practice & Strategic Litigation Guidance:

In high-value corporate fraud or cyber litigation where digital signing is repudiated, file an application under Section 73 directing the Controller of Certifying Authorities (CCA) or issuing CA (e.g. eMudhra, NSDL) to produce the public key validation certificate.