Proof of execution of document required by law to be attested
Chapter 5: Of documentary evidence
If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 64Rules as to notice to produceEvidence Act 66
- 65Proof of signature and handwriting of person alleged to have signed or written document producedEvidence Act 67
- 66Proof as to electronic signatureEvidence Act 67A
- 68Proof where no attesting witness foundEvidence Act 69
- 69Admission of execution by party to attested documentEvidence Act 70
- 70Proof when attesting witness denies executionEvidence Act 71