BSA Section 67 — Proof of execution of document required by law to be attested

Summary

If a document is required by law to be attested, it cannot be used as evidence in court unless at least one attesting witness is called to prove that the document was properly executed. This requirement applies only if such a witness is alive, is subject to the court's process, and is capable of giving evidence.

However, it is not necessary to call an attesting witness to prove the execution of any document that is not a will, if that document has been registered under the Indian Registration Act, 1908. This exception does not apply if the person who supposedly executed the document specifically denies that they did so.

Official Text

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.

Referred to by

• BSA §48 — Evidence of character or previous sexual experience not relevant in certain cases
• BSA §149 — Questions lawful in cross-examination

Old <-> New Code Mapping

• IEA §68 — Proof of execution of document required by law to be attested