Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof as to Verification of Digital Signature [Section 73]

1. Introduction
With the increasing use of electronic records and digital transactions, the authenticity of digital signatures has become a crucial issue in legal proceedings. Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 provides the mechanism through which courts may verify whether a digital signature was genuinely affixed by the person it claims to represent.

2. Statutory Provision
Section 73 empowers the Court to take appropriate steps to verify a digital signature when its authenticity is disputed. For this purpose, the Court may issue directions to ensure proper verification through technical and official means.

3. Modes of Verification under Section 73
To determine whether a digital signature belongs to the person by whom it purports to have been affixed, the Court may direct:

1. Production of Digital Signature Certificate (DSC)
   • The Court may order the concerned person, or
   • The Controller, or
   • The Certifying Authority
     to produce the relevant Digital Signature Certificate.
2. Application of Public Key for Verification
   • The Court may direct any competent person to apply the public key mentioned in the Digital Signature Certificate, and
   • Verify whether the digital signature corresponds to the signature purportedly affixed by that person.

This process ensures technical accuracy and safeguards against misuse or impersonation in electronic communications.

4. Evidentiary Value of Digital Signatures
Digital signatures, once verified in accordance with Section 73, may be relied upon by the Court as proof of execution and authenticity of electronic records. However, the verification process is discretionary and depends on the facts and circumstances of each case.

5. Public and Private Documents – Evidentiary Perspective
For a clearer understanding of proof, it is important to distinguish between public documents and private documents, as the mode of proof differs significantly.

(A) Public Documents[Section 74(1)]
Documents falling under Section 74(1) include acts or records of acts of sovereign authorities, public officers, tribunals, and official bodies. These documents carry a presumption of genuineness.

• Courts may take judicial notice of such documents under Section 52, or
• Treat them as relevant evidence under Sections 29 to 32.

Since these documents are presumed to be genuine under Section 80, the burden lies on the party challenging their authenticity to prove otherwise.
Public Records of Private DocumentsDocuments falling under Section 74(1)(b), such as registered sale deeds or company records, are public records of private documents. While their existence and registration are presumed, the truth of their contents must still be proved by independent evidence, either direct or circumstantial.

(B) Private Documents[Section 74(2)]
All documents not classified as public documents are private documents.
Proof of Private DocumentsIn the case of private documents:

• Their contents must be proved by primary or secondary evidence (Sections 56–64);
• Their genuineness must be established according to Sections 65–73;
• The truth of their contents must ordinarily be proved by independent evidence, either direct or circumstantial.

Thus, unlike public documents, private documents do not enjoy presumptions of genuineness and require stricter proof.

6. Conclusion
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 plays a vital role in ensuring trust and reliability in electronic evidence by providing a statutory method for verifying digital signatures. When read together with the provisions relating to public and private documents, it reflects the law’s balanced approach—granting presumptions where appropriate while insisting on proof where necessary. This framework strengthens the credibility of digital transactions and aligns evidentiary law with modern technological realities.