Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof as to Electronic Signature Section 66
1. IntroductionWith the recognition of electronic records and electronic signatures under Indian law, it became essential to prescribe rules for proving the authenticity of electronic signatures. Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 specifically deals with the manner in which an electronic signature is to be proved when its genuineness is disputed before a Court.

2. Statutory Provision under Section 66
Section 66 provides that:

• Where an electronic signature is alleged to have been affixed by a subscriber to an electronic record,
• The party relying upon such electronic record must prove that the electronic signature belongs to that subscriber.

Thus, the burden lies on the party asserting the validity of the electronic signature to establish that it was affixed by the person to whom it is attributed.

3. Meaning of “Subscriber”
A subscriber refers to a person who:

• Has obtained an Electronic Signature Certificate (ESC) from a Certifying Authority, and
• Is authorised and certified under the provisions of the Information Technology Act, 2000 to affix an electronic signature.

The certifying authority verifies the identity of the subscriber and issues the certificate, which forms the foundation for proving the electronic signature.

4. Nature and Extent of Proof Required
To prove an electronic signature under Section 66, it must be shown that:

• The electronic signature was affixed using a valid Electronic Signature Certificate,
• The certificate was issued in the name of the alleged subscriber, and
• The subscriber had control over the electronic signature at the relevant time.

This proof may be furnished through technical evidence, certification records, or testimony of the Certifying Authority, depending on the facts of the case.

5. Exception: Secure Electronic Signature
An important exception is carved out under this section:

• No proof is required where the electronic signature in question is a secure electronic signature.

A secure electronic signature enjoys a statutory presumption of authenticity under the Adhiniyam read with the Information Technology Act. In such cases, the Court presumes that the signature is genuine unless the contrary is proved.

6. Illustration
Example:
A affixes his electronic signature to an electronic document. During judicial proceedings, a dispute arises as to whether the electronic signature truly belongs to A. In such a case, it must be proved that:

• A is the subscriber of that electronic signature, and
• The signature was affixed using his valid Electronic Signature Certificate.

However, if the electronic signature is a secure electronic signature, separate proof of authenticity is not required.

7. Object and Rationale
The purpose of Section 66 is to:

• Prevent misuse or impersonation in electronic transactions,
• Ensure reliability and trust in electronic records, and
• Maintain parity between proof of handwritten signatures and electronic signatures.

By mandating proof of authorship while also recognising secure electronic signatures, the provision balances technological efficiency with evidentiary safeguards.

8. Conclusion
Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 establishes a clear rule that electronic signatures do not automatically prove themselves. Where an electronic signature is disputed, its attribution to the subscriber must be proved, except in the case of secure electronic signatures. This provision reinforces confidence in electronic evidence while ensuring accountability and authenticity in digital transactions.