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

Summary

If a document must be legally signed in front of witnesses, it cannot be used as evidence in court unless at least one of those witnesses is called to confirm that the document was properly signed. This rule applies only if that witness is still alive, can be brought to court, and is able to give evidence. However, if the document is not a Will and has been officially registered under the Indian Registration Act, 1908, you do not need to call a witness to prove it—unless the person who supposedly signed it 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 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.

Old <-> New Code Mapping

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