Does Section 66 apply to a secure electronic signature?

Section 66 expressly creates an exception for a secure electronic signature. The concept of a secure electronic signature is governed by the Information Technology Act, 2000.

When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 under Central Government notification S.O. 849(E) dated 23 February 2024.

Bharatiya Sakshya Adhiniyam, 2023 - Act 47 of 2023

Section 66 BSA: Proof as to Electronic Signature

Q: What does Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 provide?

Section 66 requires proof that an electronic signature alleged to have been affixed to an electronic record is the electronic signature of the subscriber, except in the case of a secure electronic signature.

Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the proof of an electronic signature attributed to a subscriber. The provision applies when an electronic signature is alleged to have been affixed to an electronic record and requires that the signature be proved as belonging to that subscriber, subject to the statutory exception for a secure electronic signature.

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.

Meaning and scope of Section 66

The section addresses authenticity of an electronic signature. Where a party relies on an electronic record and asserts that a particular subscriber affixed the electronic signature, the identity and attribution of that signature must be established unless the signature qualifies as a secure electronic signature under the applicable law.

The rule is therefore distinct from the separate question of whether an electronic record is admissible. Sections 61 to 63 of the BSA deal with electronic or digital records and their admissibility, while Section 66 focuses specifically on proof of the electronic signature appearing on such a record.

Key requirements under Section 66

There must be an electronic record carrying or associated with an electronic signature.
The signature must be alleged to be that of a particular subscriber.
Unless the signature is a secure electronic signature, the party relying on it must prove that it is the electronic signature of that subscriber.
The provision concerns proof of authorship or attribution of the electronic signature and should be read with the BSA provisions governing electronic evidence.

What is a secure electronic signature?

The Bharatiya Sakshya Adhiniyam uses the expression "secure electronic signature" but the legal framework for electronic signatures is principally contained in the Information Technology Act, 2000. Section 15 of that Act deals with when an electronic signature is regarded as secure, while Sections 3 and 3A deal with authentication of electronic records and electronic signatures.

In practical terms, the exception in Section 66 recognizes that a secure electronic signature carries a legally recognized security framework. For other electronic signatures, the person relying upon the signature must establish the necessary link between the signature and the subscriber.

Section 66 and electronic evidence under the BSA

Provision	Subject
Section 61	Electronic or digital record.
Section 62	Special provisions as to evidence relating to electronic record.
Section 63	Admissibility of electronic records.
Section 65	Proof of signature and handwriting of a person alleged to have signed or written a document.
Section 66	Proof as to electronic signature.

Relationship with the former Indian Evidence Act, 1872

Section 66 BSA substantially carries forward the rule that appeared in Section 67A of the Indian Evidence Act, 1872. The BSA replaced the former evidence statute from 1 July 2024, subject to the saving and transitional provisions contained in the new law.

Important: Section 66 belongs to the Bharatiya Sakshya Adhiniyam, 2023, not the Bharatiya Nagarik Suraksha Sanhita, 2023. The latter is the procedural criminal law statute, whereas the BSA is the law of evidence.

Effective date

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 under notification S.O. 849(E), dated 23 February 2024, issued by the Ministry of Home Affairs.

Official legal resources

India Code - Bharatiya Sakshya Adhiniyam, 2023 (official Act PDF)

Ministry of Home Affairs - commencement notification S.O. 849(E)

India Code - Information Technology Act, 2000

Frequently asked questions

What must be proved under Section 66 BSA?

Where an electronic signature is alleged to have been affixed by a subscriber, the party relying on that signature must prove that it is the electronic signature of that subscriber, unless it is a secure electronic signature.

Does Section 66 itself decide admissibility of the electronic record?

No. Section 66 deals with proof of the electronic signature. The BSA contains separate provisions, including Sections 61 to 63, governing electronic or digital records and admissibility.

Which law defines the framework for electronic signatures?

The Information Technology Act, 2000 contains the principal statutory framework for electronic signatures, including authentication and secure electronic signatures.

This page is a general legal information resource. Readers should verify the current statutory text and applicable judicial decisions for a specific case.