BACK TO IEA 1872
IEA 1872
Section 73
Comparison of Signature, Writing or Seal with Others Admitted or Proved
THE STATUTE
Original Text
In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal 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, or seal 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.
Legal Commentary
Section 73 enables the court to compare physical specimens of writing and signatures. The procedure is straightforward — produce admitted genuine specimens and compare with disputed ones. The court can do this itself or with expert assistance.
The key limitation: Section 73 applies to physical handwriting, signatures, seals, and fingerprints. It does not explicitly cover digital signatures — that extension is made in BSA Section 63. This gap meant that disputed digital signatures under the IEA had to be handled through expert opinion under Section 45 (expert evidence), without the direct comparison mechanism.
Questions & Answers
No — IEA Section 73 covers handwriting, physical signatures, seals, and fingerprints. Digital signatures are not explicitly covered. Under the IEA, digital signature disputes were handled through expert opinion under Section 45. BSA Section 63 adds 'digital signatures' explicitly with the 'necessary modifications' clause.