BSA Section 68 — Proof where no attesting witness found

Summary

If no attesting witness can be found, the law requires proof that at least one attesting witness actually wrote their own signature on the document, and that the person who executed the document also signed it in their own handwriting.

Official Text

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.

Referred to by

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

Related Judgments

• RATTAN SINGH & ORS. vs NIRMAL GILL & ORS. ETC — Supreme Court of India (2020)
• MOTURU NALINI KANTH vs GAINEDI KALIPRASAD (DEAD, THROUGH LRS.) — Supreme Court of India (2023)
• BABU SINGH & ORS. vs RAM SAHAI @ RAM SINGH — Supreme Court of India (2008)
• GOVINDBHAI CHHOTABHAI PATEL & ORS. vs PATEL RAMANBHAI MATHURBHAI — Supreme Court of India (2019)

Old <-> New Code Mapping

• IEA §69 — Proof where no attesting witness found