Section 66 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 66 of the Bharatiya Sakshya Adhiniyam (BSA), 2023
Provision:
Proof as to electronic signature.
Text:
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.
๐ Explanation
Section 66 of the BSA, 2023, addresses the admissibility and proof of electronic signatures in legal proceedings. It stipulates that if a party alleges that an electronic signature on a document is theirs, they must provide evidence to substantiate this claim, except when the signature is a "secure electronic signature."
๐ก๏ธ What is a Secure Electronic Signature?
A "secure electronic signature" is one that meets specific security standards, ensuring its authenticity and integrity. The BSA, 2023, likely defines these standards in detail, though the exact criteria are not specified in the provided text.
โ๏ธ Practical Implications
Burden of Proof: The party asserting that an electronic signature belongs to a particular individual carries the responsibility to prove it.
Admissibility: Without proof of the electronic signature's authenticity, the document may not be admissible in court.
Secure Signatures: Documents bearing secure electronic signatures may not require additional proof, streamlining the legal process.
๐งพ Example
Consider a scenario where Person A enters into a contract with Person B via email, and Person B later denies having signed the contract. Under Section 66, Person A would need to provide evidence that the electronic signature on the contract is indeed Person B's, unless the signature is a secure electronic signature.
๐ Related Provisions
Section 65: Proof of signature and handwriting of person alleged to have signed or written document produced
Section 67: Proof of execution of document required by law to be attested.
Section 68: Proof where no attesting witness found.
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