Section 282 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 282 โ Proof of Execution of Documents
Summary:
Section 282 deals with the proof of execution of documents. It specifies that the execution of a document can be proved by the testimony of one of the attesting witnesses, provided that the witness is available and competent to testify. If no attesting witness is available, the document may still be proved through other means, such as the testimony of the person who executed it or by any other relevant evidence.
๐ Key Principles:
Primary Method โ Testimony of Attesting Witness:
The most straightforward way to prove the execution of a document is through the testimony of an attesting witness. An attesting witness is someone who has observed the signing of the document and has signed it themselves as a witness.
Secondary Methods โ Other Evidence:
If the attesting witness is unavailable or cannot testify, the execution can be proved by:
The testimony of the person who executed the document (the executant).
Other relevant evidence that can establish the execution of the document.
Unavailability of Attesting Witness:
The section provides guidance on how to proceed when an attesting witness is not available to testify. This ensures that the document can still be proved through alternative means, preventing undue hardship in legal proceedings.
โ๏ธ Importance in Legal Proceedings:
Ensures Flexibility: Allows for the proof of documents even when the primary witness is unavailable.
Maintains Legal Certainty: Provides clear guidelines on how to establish the authenticity of documents, which is crucial for the administration of justice.
Protects Rights: Ensures that parties are not deprived of their rights due to the unavailability of a witness, promoting fairness in legal processes.
๐งพ Illustrative Example:
Scenario: A person executes a will and has two witnesses sign it. Later, one of the witnesses becomes unavailable due to illness. To prove the will's execution, the other witness can testify about the signing. If both witnesses are unavailable, the person who executed the will can testify about their signature, or other evidence can be presented to prove the execution.
๐ Summary:
Section 282 of the Bharatiya Sakshya Adhiniyam, 2023, provides a framework for proving the execution of documents. It prioritizes the testimony of attesting witnesses but allows for alternative methods when necessary, ensuring that documents can be authenticated even in the absence of certain individuals. This provision is vital for upholding the integrity of legal documents and ensuring justice is served.
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