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BSA 2023ACTIVE FRAMEWORK
Section 63
Proof by Comparison of Signature, Handwriting or Seal
THE STATUTE
Original Text
In order to ascertain whether a signature, writing, seal or finger impression is that of the person by whom it purports to have been written or made or thumb-stamped, any signature, writing, seal or finger impression admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, seal or finger impression has not been produced or proved for any other purpose.
The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
This section applies also, with any necessary modifications, to finger-impressions and digital signatures.
Legal Commentary
BSA Section 63 expands IEA Section 73's comparison provision to explicitly include digital signatures — reflecting the reality that disputes over digital documents require comparison of electronic authentication credentials, not just physical handwriting.
**The three mechanisms for comparison:**
1. *Court comparison of specimens:* The court directly compares the disputed writing/signature with admitted or proved genuine specimens — the court can use its own judgment.
2. *Directing live specimen:* The court can order a person present in court to write words/figures for comparison — creating a fresh specimen.
3. *Expert evidence:* The court may have handwriting experts compare the specimens (IEA Section 45 / BSA Section 39 expert opinion).
**Extension to digital signatures:** BSA Section 63's explicit extension to digital signatures addresses the growing litigation over forged electronic documents, doctored PDFs, and disputed email authenticity. Where the dispute is about whether a digital signature is genuine, the court can compare it with other authenticated digital signatures from the same person.
Questions & Answers
Yes — BSA Section 63 (like IEA Section 73) allows the court to directly compare handwriting, signatures, and seals with admitted specimens. The court does not have to rely on an expert. However, in complex forgery cases, expert opinion under Section 39 (IEA S.45) is typically sought because handwriting analysis requires specialised skills.