IEA Section 47A is now BSA 41(2): Opinion as to digital signature, when relevant

Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024

ChangedIEA 47A → BSA 41(2)

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: Heading is dropped as section is added as a subsection.

Printed in both official correspondence tables (BPR&D and NCRB).

IEA 47A: Opinion as to digital signature, when relevant

Before 1 July 2024

When the Court has to form an opinion as to the [electronic signature] of any person, the opinion of the Certifying Authority which has issued the [electronic Signature Certificate] is a relevant fact.]

BSA 41: Opinion as to handwriting and signature, when relevant

From 1 July 2024 · the part that replaces it is BSA 41(2)

(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

Explanation.—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Illustration.

The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.

(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

Everything BSA 41 replaced →

Which one applies

Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.

Read BSA section 170 →

Judgments decided under IEA 47A

They remain the law on IEA 47A. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.