Section 73A of IEA : Section 73A: Proof as to verification of digital signature.

Explanation using Example

Example 1:

Scenario: A business contract is signed digitally by Mr. Sharma and Mr. Verma. Later, Mr. Verma disputes the authenticity of Mr. Sharma's digital signature on the contract.

Application of Section 73A:

• The court may direct Mr. Sharma to produce his Digital Signature Certificate.
• The court may also ask the Controller or the Certifying Authority to produce the Digital Signature Certificate associated with Mr. Sharma.
• Additionally, the court may instruct a technical expert to use the public key listed in Mr. Sharma's Digital Signature Certificate to verify the digital signature on the contract.

Outcome: If the digital signature is verified using the public key, the court can confirm that the digital signature is indeed Mr. Sharma's, thereby upholding the validity of the contract.

Example 2:

Scenario: An email containing sensitive information is sent from Ms. Gupta's email address to her colleague, Mr. Singh. Mr. Singh later claims that the email was not sent by Ms. Gupta and that her digital signature on the email is forged.

Application of Section 73A:

• The court may direct Ms. Gupta to produce her Digital Signature Certificate.
• The court may also request the Controller or the Certifying Authority to provide Ms. Gupta's Digital Signature Certificate.
• The court can then instruct an IT expert to use the public key listed in Ms. Gupta's Digital Signature Certificate to verify the digital signature on the email.

Outcome: If the digital signature is verified using the public key, the court can determine that the email was indeed sent by Ms. Gupta, thereby resolving the dispute in favor of Mr. Singh.

Example 3:

Scenario: A digital will is created and signed by Mr. Rao. After his death, his heirs contest the will, claiming that the digital signature on the will is not Mr. Rao's.

Application of Section 73A:

• The court may direct the executor of the will to produce Mr. Rao's Digital Signature Certificate.
• The court may also ask the Controller or the Certifying Authority to produce Mr. Rao's Digital Signature Certificate.
• The court can then instruct a forensic expert to use the public key listed in Mr. Rao's Digital Signature Certificate to verify the digital signature on the will.

Outcome: If the digital signature is verified using the public key, the court can confirm that the digital signature is indeed Mr. Rao's, thereby validating the will and its contents.

Example 4:

Scenario: A digital invoice is issued by a company to a client. The client later disputes the invoice, claiming that the digital signature on the invoice is not from the company's authorized signatory.

Application of Section 73A:

• The court may direct the company's authorized signatory to produce their Digital Signature Certificate.
• The court may also request the Controller or the Certifying Authority to provide the Digital Signature Certificate of the company's authorized signatory.
• The court can then instruct an IT specialist to use the public key listed in the Digital Signature Certificate to verify the digital signature on the invoice.

Outcome: If the digital signature is verified using the public key, the court can determine that the digital signature is from the company's authorized signatory, thereby validating the invoice.

Example 5:

Scenario: A digital loan agreement is signed between a bank and a borrower. The borrower later claims that the digital signature on the agreement is not theirs.

Application of Section 73A:

• The court may direct the borrower to produce their Digital Signature Certificate.
• The court may also ask the Controller or the Certifying Authority to produce the borrower's Digital Signature Certificate.
• The court can then instruct a digital forensic expert to use the public key listed in the borrower's Digital Signature Certificate to verify the digital signature on the loan agreement.

Outcome: If the digital signature is verified using the public key, the court can confirm that the digital signature is indeed the borrower's, thereby upholding the validity of the loan agreement.