§ SECTION 66 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Proof as to electronic signature

The electronic twin of § 65. If a subscriber’s electronic signature is alleged to be affixed to an electronic record, it must be proved to be his — except for a secure electronic signature, which the law presumes.

How to read Section 66

Same rule as handwriting — with a secure-signature exception.

The exception

A secure electronic signature — presumed, no separate proof.

The rule

An ordinary e-signature alleged to be a subscriber’s…

The requirement

…must be proved to be his.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 66 · verbatim

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.

In short: this is § 65 translated for the digital world. Just as an alleged handwritten signature must be proved to be a person’s, an alleged electronic signature of a subscriber must be proved to be his. The one difference is the opening exception: a secure electronic signature is left out, because the law already presumes its authenticity — so no separate proof of the affixing is needed. For every ordinary electronic signature, the party relying on it bears the burden of proving that it truly is the subscriber’s.

→ The electronic counterpart of § 65 (echoing the former § 67A) — sitting with the electronic-record regime of §§ 61–63.

Glossary

electronic signature

Authentication of a record by electronic means — the digital equivalent of a signature.

subscriber

The person in whose name the electronic signature is issued / used.

secure electronic signature

One meeting the law’s security standards — presumed genuine.

affixed

Applied to, or attached to, an electronic record.

electronic record

Data recorded or stored in electronic form (see § 61).

presumption

A conclusion the law assumes — dispensing with separate proof.

The picture

Two paths for an alleged electronic signature.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleSecure vs ordinary

the ruleAn e-signature must be proved — unless it is secure

In one lineIf a subscriber’s electronic signature is alleged to be affixed to an electronic record, it must be proved to be his — except where it is a secure electronic signature.

Except in the case of a secure electronic signature,unless it is a SECURE e-signatureunless it is a secure electronic signature (which the law presumes)…

if the electronic signature of any subscriber is alleged to have been affixed to an electronic record,if you allege X’s e-signature…if a subscriber’s electronic signature is claimed to have been affixed to an electronic record…

the fact that such electronic signature is the electronic signature of the subscriber must be proved.→ it must be PROVED to be his…the fact that it is that subscriber’s electronic signature must be proved.

ExampleA digitally signed PDF is tendered as signed by the defendant. Unless it bears a secure electronic signature, the party must prove the e-signature is the defendant’s (the subscriber’s).

✗ Not this§ 66 does not require this proof for a secure electronic signature — that is expressly carved out (it carries a presumption). The rule bites on ordinary e-signatures.

secure vs ordinaryWhy the secure signature is treated differently

In one line§ 66 is the electronic twin of § 65. An ordinary e-signature must be proved to be the subscriber’s; a secure one is presumed, so no such proof is needed.

the same idea as § 65e-signature = the digital handlike handwriting under § 65, an e-signature attributed to a person must be proved to be his.

the carve-out: securea secure e-signature is presumeda secure electronic signature (as defined under the law) is presumed — no separate proof of the affixing.

ordinary → prove itprove the subscriber’s e-signaturefor an ordinary e-signature, you must prove it is the subscriber’s.

ExampleA signature made with a secure digital-signature certificate is presumed the subscriber’s. A plain typed name or basic e-mark on a record is ordinary — and must be proved.

✗ Not thisThe presumption for a secure signature goes to whose signature it is — it does not prove the contents of the record are true, any more than a genuine handwritten signature would.

Connected provisions

§ 65

Former § 67A

Proof as to electronic signature — carried into the BSA.

Bharatiya Sakshya Adhiniyam, 2023 — Section 66: Proof as to electronic signature