Section 70 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 70: Proof When Attesting Witness Denies Execution
Text of Section 70:
"If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence."
🔍 Understanding Section 70
Key Principle:
Section 70 addresses situations where an attesting witness—a person who has signed a document to confirm its execution—either denies or does not remember witnessing the execution of the document. In such cases, the execution of the document can still be established through other evidence.
Detailed Breakdown:
Attesting Witness: An individual who observes the signing of a document and signs it to confirm the authenticity of the execution.
Denies Execution: The attesting witness explicitly states that they did not witness the signing of the document.
Does Not Recollect Execution: The attesting witness acknowledges their signature but cannot remember witnessing the execution due to lapse of time or other reasons.(constitutionofindia.in)
Other Evidence: This refers to any secondary evidence that can substantiate the execution of the document, such as:
Admission by the executant (the person who signed the document) regarding the execution.(
Circumstantial evidence that indicates the document was executed.
Testimony of other witnesses who can confirm the execution.
⚖️ Importance of Section 70
Ensures Admissibility: Allows a document to be admitted as evidence even if the attesting witness is unavailable or does not recall the execution.
Facilitates Justice: Prevents a party from being disadvantaged due to the unavailability or faulty memory of an attesting witness.
Promotes Fair Trials: Ensures that the absence of a single witness does not hinder the judicial process.
📌 Example to Illustrate
Scenario: A person, Ravi, executes a sale deed in the presence of an attesting witness, Anil. Later, a dispute arises, and Ravi presents the sale deed in court. However, Anil denies having witnessed the execution
Application of Section 70: Despite Anil's denial, Ravi can prove the execution of the sale deed through:
Admission by Ravi that he executed the document.
Other witnesses who were present during the execution and can testify to it.
Circumstantial evidence, such as Ravi's actions following the execution, indicating the document's authenticity.
🧭 Summary
Purpose: To allow the execution of a document to be proved even if the attesting witness denies or does not recall the execution.(
Application: Utilizes other forms of evidence to establish the document's execution.
Objective: To ensure that the unavailability or faulty memory of an attesting witness does not impede the judicial process.
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