Law4u - Made in India

What Is BSA Section 67?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 67: Proof of execution of document required by law to be attested.

  • 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.

Brefe Detail

This section of the Bhartiya Sakshya Adhiniyam, 2023, outlines the requirement for attestation of documents, stating that such documents cannot be used as evidence unless at least one attesting witness is present. However, it also notes that for registered documents (except wills), an attesting witness is not required unless the execution is specifically denied.

Question & Answers

Q: What does Section 67 of the Bhartiya Sakshya Adhiniyam, 2023 pertain to?

A: It pertains to the proof required for the execution of documents that must be attested.

Q: When can a document that requires attestation be used as evidence?

A: It can be used as evidence only if at least one attesting witness is present to prove its execution.

Q: Is it necessary to call an attesting witness for registered documents?

A: No, it is not necessary unless the execution by the person purporting to have executed it is specifically denied.

Q: What type of document is mentioned as an exception regarding the requirement for an attesting witness?

A: A will is mentioned as an exception.

Example

  • If a contract requires attestation and there is a dispute, at least one witness must be called to testify to its execution.
  • For a property deed that has been registered, an attesting witness is not needed unless someone denies that the person who signed it actually did so.

Summary

Section 67 of the Bhartiya Sakshya Adhiniyam, 2023 establishes that documents requiring legal attestation must have at least one witness to be admissible as evidence, but for registered documents (except wills), this requirement is waived unless the execution is explicitly contested.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ramesh Chander Sharma

Advocate Ramesh Chander Sharma

Civil, Domestic Violence, Family, Cheque Bounce, Breach of Contract

Get Advice
Advocate Ranjan Sharma

Advocate Ranjan Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Adv Pranayraj Ranveer

Advocate Adv Pranayraj Ranveer

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Revenue

Get Advice
Advocate Kailash Chand Gupta

Advocate Kailash Chand Gupta

GST, High Court, Civil, Anticipatory Bail, Family

Get Advice
Advocate Ajay Kumar Shukla

Advocate Ajay Kumar Shukla

Banking & Finance, Cheque Bounce, Civil, Consumer Court, Criminal, Family, High Court, Anticipatory Bail

Get Advice
Advocate Gopala Krishna

Advocate Gopala Krishna

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, High Court, Labour & Service, Medical Negligence, NCLT, Supreme Court, Tax

Get Advice
Advocate Hardik Prajapati

Advocate Hardik Prajapati

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Krishan Jhajhria

Advocate Krishan Jhajhria

Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.