BACK TO IEA 1872AIR 1967 SC 1326
IEA 1872Chapter V
Section 73
Comparison of Signature, Writing or Seal with Others Admitted or Proved
Of Documentary Evidence
Quick Legal SummaryBSA BSA S.63
Statutory Snapshot
THE STATUTE
Original Text
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.
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.
Legal Commentary
Section 73 enables the court to compare physical specimens of writing and signatures. The procedure is straightforward — produce admitted genuine specimens and compare with disputed ones. The court can do this itself or with expert assistance.
The key limitation: Section 73 applies to physical handwriting, signatures, seals, and fingerprints. It does not explicitly cover digital signatures — that extension is made in BSA Section 63. This gap meant that disputed digital signatures under the IEA had to be handled through expert opinion under Section 45 (expert evidence), without the direct comparison mechanism.
Legislative Intent & Background
Section 73's comparison mechanism is drawn from English evidence law. The limitation to physical specimens was appropriate for 1872 — the BSA's extension to digital signatures brings it into the 21st century.Critical Provisions & Changes
BSA Section 63 extends to digital signatures — IEA Section 73 does not cover digital signatures.
Core physical comparison mechanism preserved in BSA Section 63.
Landmark Judicial Precedents
Fakhruddin v. State of M.P. (1967)
Court's own comparison under Section 73 is valid — applies under BSA Section 63.
Practical Scenarios & Illustrations
Disputed will — Section 73 comparison of testator's handwriting with proved genuine specimens.
Cheque forgery — comparison of disputed signature on cheque with admitted genuine signature from the accused's bank specimen.
Questions & Answers
No — IEA Section 73 covers handwriting, physical signatures, seals, and fingerprints. Digital signatures are not explicitly covered. Under the IEA, digital signature disputes were handled through expert opinion under Section 45. BSA Section 63 adds 'digital signatures' explicitly with the 'necessary modifications' clause.
BSA Section 73 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 (Comparison of Signature, Writing or Seal with Others Admitted or Proved) directly governs how courts evaluate and admit evidence in civil and criminal proceedings. Section 73 enables the court to compare physical specimens of writing and signatures. The procedure is straightforward — produce admitted genuine specimens and compare with disputed ones. The court can do this itself or with expert assistance.
The key limitation: Section 73 applies to physical ha... 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.