document. This provision does away with the requirement of strict formalities applicable to attested documents, making the process of proving such documents more efficient and less cumbersome.

Important points:

-It makes the production of evidence easier where documents are not required to be attested by allowing the documents attested to be proved as if they are unattested It is very helpful when attestation is impossible, difficult, or impracticable due to loss of original and in cases where a party cannot get the signature of a witness.

-It reduces procedural complexities in proving attested documents. It makes the judiciary more efficient. The courts would then be able to delve deeper into the substance of the evidence rather than being entangled in the technicalities of the formality of attestation. This could hasten legal proceedings and help in a more streamlined administration of justice.

-It gives a clearer legal understanding by more clearly drawing the lines of rules on the admissibility of documents. As such, it makes sure litigants and lawyers fully understand what happens to admitted documents generally, especially documents that have an attestation without being so required. Therefore, there is increased clarity for litigants and in turn makes them avoid further unnecessary battles over the evidence admissibility.

Related provisions:

-Section 72 deals with the comparison of signatures, writings, or seals found on documents with those that have already been admitted or proved in court. This section complements Section 71 by providing an additional method for verifying the authenticity of documents, particularly in cases where there may be doubts regarding the genuineness of a signature or seal.

-Sections 65 to 73, give general guidelines on the treatment of documentary evidence in courts, including the treatment of electronic records, signatures, and other related matters. They form a framework within which Section 71 operates, so that all aspects of documentary proof are systematically addressed. Collectively, these sections give a comprehensive set of rules for the admission and proof of documents in court.

Section 72: Comparison of signature, writing or seal with others admitted or proved

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, deals with the procedure whereby courts may compare signatures, writings, or seals to determine their genuineness. It forms a basis for comparing signatures, writings, or seals which are disputed with those which have been admitted or established to be genuine in judicial proceedings.

It gives authority to the court to compare a disputed signature, writing, or seal with any other signature, writing, or seal that has been admitted or proved to exist and is genuine. It is done without regard to any other purpose for which the admitted signature was therein introduced. In other words, the court is not restricted to only comparing signatures or writings that were introduced as primary evidence but can also rely on previously admitted signatures to assess authenticity.

The section goes on to further empower the court to require any person who is in the court room to make handwriting samples. Such samples should then be made as instructed by the court and could, thereafter be compared to the disputed writing. The above provision, therefore assists the process of authentication of an original document or a signature where they are unavailable.

It extends the provisions of comparison to include finger impressions, which may be compared and analyzed just like signatures and writings. This makes it possible for courts to verify not only written signatures but also biometric identifiers in the same broad manner that evidence is compared.

Important points:

-It enhances the flexibility of courts in determining the authenticity of documents. The provision allows comparisons with previously admitted or proven signatures and writings, thereby eliminating the need for the production of original documents in court, which is especially useful in cases where the original documents have been lost, destroyed, or are otherwise unavailable. This facilitates a more accessible and efficient evidentiary process.

-Digital signatures and certificates are included and reflect the adaptation of law in India to modern developments in technology. With documentation and communication increasingly being done using digital platforms, the provision ensures that digital signatures get the same treatment as if they were handwritten. Thus, it modernizes legal frameworks in line with common practices in documentation.

-Under Section 72, the addition of finger impressions to be compared extends the evidential scope beyond traditional methods of identification. This gives biometric data a place in verification, which is indeed an important development because, as biometric identification systems continue to gain importance, it is increasingly being employed in legal and administrative functions.

Section 73: Proof as to Verification of Digital Signature

Section 73 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the very crucial issue of proving the genuineness of digital signatures in legal proceedings. This section provides a legal framework for courts to assess and confirm the genuineness of digital signatures, which is a vital aspect of modern electronic evidence.

Section 73 outlines the steps the court may take to verify whether a digital signature is indeed affixed by the person it purports to be from:

-The court can ask the person whose digital signature is involved, or the Controller or Certifying Authority, to produce the Digital signature certificate linked with that signature. Digital Signature certificate is a very important document that establishes the authenticity of the digital signature because it carries the public key corresponding to the private key used for signing.

-The court can also direct any other person to use the public key given in the Digital Signature Certificate to verify if the digital signature purports to have been affixed by that person is actually issued by him or not.

The usage of the public key is what helps the effective check on whether the signature corresponds with the one with the respective certificate or not, and thus validates it.

The central role played by the Digital Signature Certificate in verification is through carrying the public key, besides other relevant information concerning the signer. A certificate is issued by a Certifying Authority to ensure that integrity has been observed with respect to the digital signature created, and provides an opportunity to prove the identity of the signer during judicial proceedings.

Important points:

-It enhances the legal structure on the admissibility of electronic records and digital signatures as evidence in court. The provision creates a protocol for the verification of digital signatures, thus establishing the fact that electronic documents with digital signatures are treated similarly to traditional signed documents as evidence. This aligns with contemporary practices in digital communication and electronic transactions, reflecting the growing role of digital evidence in legal matters.

-By providing a standardized method for verifying digital signatures, it aims to streamline judicial processes and reduce the potential for disputes over the authenticity of digital signatures. This validation process, which is based on standard procedures like a Digital Signature Certificate and application of public key, facilitates better handling of electronic evidence.

-It lays down a strong and clear procedure for the verification of digital signatures, thus making electronic evidence far more robust and reliable in legal settings.

Section 74: Public and Private Documents

Section 74(1) of the Bharatiya Sakshya Adhiniyam, 2023 defines the following categories of documents as public documents:

-Documents forming acts or records of acts:

(i) Those which are created by sovereign authorities.

(ii) Those which are created by official bodies and tribunals.

(iii) Those which are created by public officers, including legislative, judicial, and executive authorities, whether within India or elsewhere.

-Public documents as maintained by any State or Union Territory, that can also include some private documents, which have been issued or recorded in an official capacity.

So defined widely, it ensures the official and governmental records are held as public documents, that allow them to be easily admitted as evidence in the court without requiring further authentication.

Section 74(2) declares that all other documents than those covered by subsection (1) are private documents. Private documents, therefore, are those intended for personal, business, or other than official use. The following are some illustrations:

Personal contracts, private agreements, and business records. Some certificates, such as post-mortem reports, though normally public in nature, would not be caught within the definition of public documents under the statute.

Important points:

The difference in document categorization into public and private has several implications on how they are treated before courts:

-Public Documents:

By their very nature and origin, public documents are automatically presumed to be genuine. Therefore, they can be introduced as evidence without the need for further authentication or proof. For example, a land registry document can be introduced as evidence in court to prove ownership of property in a dispute.

-Private Documents:

These, not being under the same presumption of authenticity, need additional processes to prove them valid before they can be admitted into evidence. The latter may involve the appearance of witnesses, other supporting documents, or even formal notarization. For instance, a personal loan agreement would require testimony or corroboration of its terms and claims.

It categorizes documents into two categories: public and private, which makes the process more efficient and transparent in the legal process. By drawing a line between those which are presumed to be authentic and those which are required to be proved, it simplifies the process of evidence and allows only those sources that are considered credible to be admitted in the court.

Section 75: Certified Copies of Public Documents

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 prescribes significant provisions concerning the provision of certified copies of public documents.

Under Section 75, an individual can apply for copies of public documents, and these have to be certified. This provision holds that if any public officer is in charge of any public document and has been made accessible for inspection, the public officer must, on request, provide a copy of such document. Any person, who legally can inspect those documents, is therefore eligible for requesting certified copies.

Certification Process:

-The one requesting his copy must be able to pay the stipulated law fees for providing the copies.

-The public officer is also to attach a certificate upon the copy, indicating that such was a true and correct reproduction of the document(s) in question, including its part.

-The public officer would have to sign over such declaration and date when doing so.

-Authorized as a matter of law by such public officer would, additionally, attach an official seal, affixed to such a copy.

The recognize certified copies issued under Section 75 as equivalent to the original document. Such certified copies provide reliable proof and are admissible in many forms of legal matters.

Important points:

-It is a strong step in public administration towards promoting openness and accessibility. By guaranting the right of individuals to have certified copies of significant public documents, it opens up official records, supporting the legal rights of citizens and their ability to actively engage in legal procedures.

-It has strengthened the reliability and authenticity of public records with a structured certification process. The provision requires that the certifying officer sign, date, and seal the copy, so that the certified copies would be trustworthy enough to use in judicial proceedings.