Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 68: Proof where no attesting witness found.
- If no such attesting witness can be found,
- It must be proved that the attestation of one attesting witness at least is in his handwriting,
- And that the signature of the person executing the document is in the handwriting of that person.
Brefe Detail
This section of the Bhartiya Sakshya Adhiniyam, 2023, specifies that if an attesting witness is unavailable, it is necessary to provide proof that at least one attesting witness's attestation is in their handwriting, along with confirmation that the signature on the document belongs to the person executing it.
Question & Answers
Q: What does Section 68 of the Bhartiya Sakshya Adhiniyam, 2023 address?
A: It addresses the proof required when no attesting witness can be found.
Q: What must be proven if no attesting witness is available?
A: It must be proven that the attestation of at least one attesting witness is in their handwriting.
Q: What else must be verified in the absence of an attesting witness?
A: The signature of the person executing the document must be proven to be in their handwriting.
Example
- If a contract requires attestation and no witness is available, one must show that the signature on the contract matches the handwriting of the signatory, along with confirming that at least one witness's attestation is also in their handwriting.
- In a case involving a deed where no attesting witness is present, it would be necessary to provide handwriting samples to establish the validity of the signatures.
Summary
Section 68 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the requirements for proving the validity of a document when no attesting witness can be located, emphasizing the need for handwriting verification of both the attestation and the signatory's signature.
