BACK TO BSA 2023
BSA 2023ACTIVE FRAMEWORKChapter V

Section 63

Proof by Comparison of Signature, Handwriting or Seal

Of Documentary Evidence
Quick Legal SummaryIEA IEA S.73
Statutory Snapshot
THE STATUTE

Original Text

In order to ascertain whether a signature, writing, seal or finger impression is that of the person by whom it purports to have been written or made or thumb-stamped, any signature, writing, seal or finger impression 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, seal or finger impression has not been produced or proved for any other purpose. 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. This section applies also, with any necessary modifications, to finger-impressions and digital signatures.

Legal Commentary

BSA Section 63 expands IEA Section 73's comparison provision to explicitly include digital signatures — reflecting the reality that disputes over digital documents require comparison of electronic authentication credentials, not just physical handwriting. **The three mechanisms for comparison:** 1. *Court comparison of specimens:* The court directly compares the disputed writing/signature with admitted or proved genuine specimens — the court can use its own judgment. 2. *Directing live specimen:* The court can order a person present in court to write words/figures for comparison — creating a fresh specimen. 3. *Expert evidence:* The court may have handwriting experts compare the specimens (IEA Section 45 / BSA Section 39 expert opinion). **Extension to digital signatures:** BSA Section 63's explicit extension to digital signatures addresses the growing litigation over forged electronic documents, doctored PDFs, and disputed email authenticity. Where the dispute is about whether a digital signature is genuine, the court can compare it with other authenticated digital signatures from the same person.

Legislative Intent & Background

Extended from IEA Section 73 to cover digital authentication credentials — responding to the explosion in digital document fraud.

Critical Provisions & Changes

BSA Section 63 extends IEA Section 73 to include digital signatures explicitly.

'Any necessary modifications' clause allows application to electronic comparison methods.

Core comparison mechanism (court compares specimens) preserved unchanged.

Landmark Judicial Precedents

Fakhruddin v. State of M.P. (1967)

AIR 1967 SC 1326

Supreme Court held that comparison under Section 73 IEA (now BSA Section 63) by the court itself is permissible — the court need not always rely on a handwriting expert. The court's own comparison is a valid method of proof.

Practical Scenarios & Illustrations

Disputed will — testator's signature on will compared with their admitted signature on previous documents under BSA Section 63. Expert also gives opinion under Section 39.

Digital fraud case — disputed digital signature on a contract compared with the person's authenticated digital signature from bank records. BSA Section 63 applies with 'necessary modifications.'

Questions & Answers

Yes — BSA Section 63 (like IEA Section 73) allows the court to directly compare handwriting, signatures, and seals with admitted specimens. The court does not have to rely on an expert. However, in complex forgery cases, expert opinion under Section 39 (IEA S.45) is typically sought because handwriting analysis requires specialised skills.
BSA Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 (Proof by Comparison of Signature, Handwriting or Seal) directly governs how courts evaluate and admit evidence in civil and criminal proceedings. BSA Section 63 expands IEA Section 73's comparison provision to explicitly include digital signatures — reflecting the reality that disputes over digital documents require comparison of electronic authentication credentials, not just physical handwriting. **The three mechanisms for comparison:**... Advocates must ensure that evidence sought to be relied upon satisfies the conditions prescribed by this provision, failing which it may be excluded or accorded lesser weight by the court.

Related Statutory Provisions

Section 39
Opinions of experts
Section 57
Electronic records admissibility
Section 2
Definitions (document, electronic record)