Section 41 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 41 of the Bharatiya Sakshya Adhiniyam, 2023 pertains to the admissibility of opinions regarding handwriting and signatures in legal proceedings.(
📜 Text of Section 41
Section 41: Opinion as to handwriting and signature, when relevant
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
Explanation: A person is considered acquainted with the handwriting of another if they have seen that person write, have received documents purportedly written by that person in response to documents written by themselves or under their authority and addressed to that person, or have, in the ordinary course of business, received documents purportedly written by that person
Illustration: If a letter is in question as to whether it was written by A, a merchant in Itanagar, B, a merchant in Bengaluru, who has corresponded with A, C, B’s clerk who examines and files B’s correspondence, and D, B’s broker who advises on letters from A, may all provide opinions on whether the letter is in A’s handwriting, even though none of them have seen A write
When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority that issued the Electronic Signature Certificate is a relevant fact.
🔍 Significance of Section 41
Section 41 facilitates the determination of the authenticity of documents by allowing opinions on handwriting and signatures to be considered as evidence. This is particularly important in cases involving disputed documents, such as contracts, wills, or electronic communications
The section acknowledges that individuals who have had regular exposure to a person's handwriting or signature, even without having directly observed them write, can provide valuable insights into the authenticity of a document. This provision ensures that courts can rely on the expertise of individuals who are familiar with the handwriting or signature in question, thereby aiding in the fair and just resolution of disputes.
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