Section 72 BSA 2023: Comparison of Signature, Writing or Seal with Others Admitted or Proved
Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 empowers a Court to compare a disputed signature, writing or seal with a specimen that has been admitted or otherwise proved to the Court's satisfaction. The provision also permits the Court to obtain specimen writing from a person present in Court and extends, with necessary modifications, to finger impressions.
Text of Section 72 of the Bharatiya Sakshya Adhiniyam, 2023
72. Comparison of signature, writing or seal with others admitted or proved.
(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
(3) This section applies also, with any necessary modifications, to finger impressions.
What Section 72 Means
The section provides a direct evidentiary method for testing whether a disputed signature, handwriting, seal or finger impression can be connected with a particular person. The comparison is made against material that is admitted or proved to the satisfaction of the Court.
- Admitted or proved specimen: The comparison specimen must be accepted or proved as belonging to the person concerned.
- Comparison by the Court: The provision expressly enables comparison of the disputed material with the admitted or proved specimen.
- Specimen writing in Court: A person present in Court may be directed to write words or figures for comparison.
- Finger impressions: The same principle applies, with necessary modifications, to finger impressions.
- Purpose of the specimen: The admitted or proved writing, signature or seal may be used for comparison even if it was not produced or proved for another purpose.
Related Provisions of the BSA
| Provision | Subject | Relevance to Section 72 |
|---|---|---|
| Section 39 | Opinions of experts | Expert opinion is relevant when the Court has to form an opinion regarding identity of handwriting or finger impressions. |
| Section 41 | Opinion as to handwriting and signature | The opinion of a person acquainted with another person's handwriting may be relevant. |
| Section 65 | Proof of signature and handwriting | Deals with proof that a signature or handwriting is that of the person alleged to have signed or written the document. |
| Section 73 | Verification of digital signature | Provides the adjacent statutory mechanism for proof relating to digital signatures. |
How the Provision Operates in Practice
Where a party disputes authorship of a signature or writing, the Court may look at admitted or proved comparison material. Depending on the facts, the Court may also consider expert evidence under Section 39 or evidence from a person acquainted with the handwriting under Section 41. Section 72 itself, however, independently recognises comparison by the Court.
The evidentiary weight of a comparison will depend on the quality of the admitted specimen, the circumstances in which the material was created, the nature of the dispute and the other evidence on record. A comparison should therefore be understood as part of the overall evidentiary assessment rather than as an isolated mechanical exercise.
Frequently Asked Questions
Can a Court compare handwriting itself under Section 72?
Yes. Section 72 expressly permits comparison of a disputed signature, writing or seal with a specimen admitted or proved to the Court's satisfaction.
Can the Court ask a person to give specimen handwriting?
Yes. Sub-section (2) permits the Court to direct a person present in Court to write words or figures so that they may be compared with the disputed writing.
Does Section 72 apply to fingerprints?
Yes. Sub-section (3) applies the section, with necessary modifications, to finger impressions.
Is expert evidence always required?
Section 72 does not make expert evidence a mandatory precondition for comparison by the Court. However, expert opinion may be relevant under Section 39, depending on the issues and evidence in the case.
Official Legal Sources
For the authoritative statutory text and current Act information, refer to the official India Code and Ministry of Home Affairs resources linked in the sidebar.
Last reviewed: 13 September 2026.