Digital Signature Verification refers to the legal and technical process of validating the authenticity, integrity, and non-repudiation of an electronic record authenticated through a digital signature.
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Digital Signature Verification Digital Signature Verification refers to the legal and technical process of validating the authenticity, integrity, and non-repudiation of an electronic record authenticated through a digital signature. While the Bharatiya Nagarik Suraksha Sanhita, 2023 primarily governs procedural aspects of criminal law in India, the admissibility, evidentiary value, and verification of digital signatures are substantively governed by the provisions of the Information Technology Act, 2000, particularly Sections 3, 3A, 47A, and the rules framed thereunder. A digital signature is created using asymmetric cryptography, involving a private key for signing and a corresponding public key for verification, and is issued by a licensed Certifying Authority under the Controller of Certifying Authorities (CCA). Verification ensures that the electronic record remains unaltered after authentication and that it originates from the purported signatory. In the context of criminal proceedings under the BNSS, digital signature verification assumes significance in relation to: • Authentication of electronic evidence and records produced before investigative agencies and courts; • Compliance with procedural requirements for filing electronic documents, complaints, affidavits, and statements; • Establishing the identity of the sender or signatory in cases involving cyber offences, fraud, forgery, or electronic transactions; • Ensuring the admissibility of electronic records in accordance with evidentiary standards, read with Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (pertaining to electronic evidence). Courts may rely upon expert opinion, digital signature certificates, and technical verification reports issued by authorized agencies to determine the validity of a digital signature. The burden of proof generally lies upon the party asserting the authenticity of the electronic record, subject to statutory presumptions where applicable.
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