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BSA, 2023
Start Practicing
BSAChapter VSection 73
Section73

Proof as to verification of digital signature

AI Assist

Summary

When the Court must decide whether a digital signature really belongs to the person who is said to have affixed it, it can order that person, the Controller, or the Certifying Authority to produce the Digital Signature Certificate. The Court can also direct any person to use the public key listed in that certificate to verify the signature. This provides a technical method to prove or disprove the signature's authenticity.

Example

Priya signs a rental agreement online but later denies she authorised it. The court orders Priya or her Certifying Authority to produce her Digital Signature Certificate and directs a technician to use the public key from that certificate to verify the signature. If the verification shows a mismatch, the signature is treated as not hers.

Bare Act

Enacted text

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.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 56Proof of contents of documents
  • 57Primary Evidence
  • 58Secondary Evidence
  • 59Proof of documents by primary evidence
  • 60Cases in which secondary evidence relating to documents may be given
  • 61Electronic or digital record
  • 62Special provisions as to evidence relating to electronic record
  • 63Admissibility of electronic records
  • 64Rules as to notice to produce
  • 65Proof of signature and handwriting of person alleged to have signed or written document produced
  • 66Proof as to Electronic signature
  • 67Proof of execution of document required by law to be attested
  • 68Proof where no attesting witness found
  • 69Admission of execution by party to attested document
  • 70Proof when Attesting witness denies execution
  • 71Proof of document not required by law to be attested
  • 72Comparison of signature, writing or seal with others admitted or proved
  • 73Proof as to verification of digital signature
  • 74Public and private documents
  • 75Certified copies of public documents
  • 76Proof of documents by production of certified copies
  • 77Proof of other official documents
  • 78Presumption as to genuineness of certified copies
  • 79Presumption as to documents produced as record of evidence, etc
  • 80Presumption as to Gazettes, newspapers, and other documents
  • 81Presumption as to Gazettes in electronic or digital record
  • 82Presumption as to maps or plans made by authority of Government
  • 83Presumption as to collections of laws and reports of decisions
  • 84Presumption as to powersof-attorney
  • 85Presumption as to electronic agreements
  • 86Presumption as to electronic records and electronic signatures
  • 87Presumption as to Electronic Signature Certificates
  • 88Presumption as to certified copies of foreign judicial records
  • 89Presumption as to books, maps and charts
  • 90Presumption as to electronic messages
  • 91Presumption as to due execution, etc., of documents not produced
  • 92Presumption as to documents thirty years old
  • 93Presumption as to electronic records five years old
Previous · Section 72Comparison of signature, writing or seal with others admitted or provedNext · Section 74Public and private documents