What Is BSA Section 66?

Bhartiya Sakshya Adhiniyam, 2023 - Section 66: Proof as to electronic signature.

• Except in the case of a secure electronic signature,
• If the electronic signature of any subscriber is alleged to have been affixed to an electronic record,
• The fact that such electronic signature is the electronic signature of the subscriber must be proved.

Brefe Detail

This section of the Bhartiya Sakshya Adhiniyam, 2023, outlines the requirement to prove the authenticity of an electronic signature, specifically stating that only secure electronic signatures are exempt from this proof requirement.

Question & Answers

Q: What does Section 66 of the Bhartiya Sakshya Adhiniyam, 2023 pertain to?

A: It pertains to the proof required for electronic signatures.

Q: Is proof required for all electronic signatures?

A: No, proof is not required in the case of a secure electronic signature.

Q: What must be proven if an electronic signature is alleged to be affixed to an electronic record?

A: It must be proven that the electronic signature is indeed that of the subscriber.

Example

• If a document is signed electronically and there is a dispute about the signature's authenticity, the party claiming it is valid must provide proof that it belongs to the alleged subscriber.
• In a case where a secure electronic signature is used, the party does not need to prove its authenticity.

Summary

Section 66 of the Bhartiya Sakshya Adhiniyam, 2023 mandates that the authenticity of an electronic signature must be demonstrated unless it is a secure electronic signature, which is exempt from this requirement.