Section 73 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the verification of digital signatures in legal proceedings. This section is crucial in the context of increasing digital transactions and the use of electronic documents in the judicial system.
📄 What Is a Digital Signature?
A digital signature is a cryptographic mechanism used to verify the authenticity and integrity of digital messages or documents. It serves the same purpose as a handwritten signature or a stamped seal but offers far more inherent security. Digital signatures are based on Public Key Infrastructure (PKI) technology and are widely used in various online services, including e-filing of documents, online contracts, and digital communications.
🧾 Purpose of Section 73
Section 73 outlines the procedures a court may follow to ascertain whether a digital signature on a document is genuinely that of the person it purports to represent. This is particularly important in cases where the authenticity of an electronic document is in question.
🛠️ How the Court Verifies a Digital Signature
To determine the authenticity of a digital signature, the court may:
Obtain the Digital Signature Certificate (DSC):
The court may direct the person who purportedly affixed the digital signature, the Controller of Certifying Authorities, or the Certifying Authority itself to produce the Digital Signature Certificate associated with the document in question.
Apply the Public Key:
The court may instruct any person to apply the public key listed in the Digital Signature Certificate to verify the digital signature purported to have been affixed by that person.
⚖️ Legal Implications
Admissibility of Electronic Evidence: Section 73 reinforces the legal standing of electronic records and digital signatures in court, aligning with the broader framework established by the Information Technology Act, 2000.
Burden of Proof: While the section facilitates the verification of digital signatures, the party presenting the electronic document must still prove its authenticity and relevance in the context of the case.
Reliance on Certifying Authorities: The section underscores the role of Certifying Authorities in ensuring the security and authenticity of digital signatures, thereby enhancing trust in electronic transactions.
🧭 Summary
Section 73 of the Bharatiya Sakshya Adhiniyam, 2023, provides a legal framework for verifying the authenticity of digital signatures in court proceedings. By outlining specific procedures for the production of Digital Signature Certificates and the application of public keys, it ensures that electronic documents can be treated with the same level of scrutiny and credibility as traditional paper documents. This is a significant step towards modernizing the legal system to accommodate the increasing prevalence of digital transactions and communications.
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