Section 67 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 67 of the Bharatiya Sakshya Adhiniyam, 2023:
📜 Section 67: Proof of Execution of Document Required by Law to Be Attested
Text of Section 67:
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, unless its execution by the person by whom it purports to have been executed is specifically denied.
🧠 Understanding Section 67
Section 67 mandates that for a document required by law to be attested, at least one attesting witness must be called to prove its execution. This ensures the authenticity and validity of the document in legal proceedings.
Key Points:
Attested Documents: Documents that, by law, require attestation by witnesses (e.g., certain contracts, deeds, and agreements)
Role of Attesting Witness: An individual who has observed the signing of the document and can testify to its authenticity.
Necessity of Witness Testimony: The document cannot be used as evidence unless an attesting witness is available, alive, and capable of providing testimony in court.(
Exception for Registered Documents: If the document has been registered under the Indian Registration Act, 1908, and its execution is not specifically denied, the testimony of an attesting witness is not required, except in the case of a will.
⚖️ Legal Context and Application
This provision aligns with the principle that the authenticity of documents, especially those affecting property rights or contractual obligations, must be established through reliable evidence. By requiring the presence of an attesting witness, the law seeks to prevent fraud and ensure that documents presented in court are genuine.
Practical Implications:
In Civil Cases: Parties may need to produce attesting witnesses to validate documents like agreements or deeds.
In Criminal Cases: Documents such as confessions or contracts related to the offense may require attestation to be admissible.(
In Property Disputes: Deeds of transfer, sale, or mortgage must be attested to establish their validity.
📌 Related Provisions
Section 67 works in conjunction with other sections of the Bharatiya Sakshya Adhiniyam, 2023, to provide a comprehensive framework for the admissibility of documents:
Section 68: Proof where no attesting witness found.(
Section 69: Admission of execution by party to attested document.
Section 70: Proof when attesting witness denies execution.(
Section 71: Proof of document not required by law to be attested.(
These sections collectively address various scenarios concerning the proof of documents, ensuring that only authentic and properly executed documents are admitted as evidence in legal proceedings.
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