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.
