Section 65 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📘 Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023)
Title: Proof of Signature and Handwriting of Person Alleged to Have Signed or Written Document Produced
Text:
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.
🔍 Meaning and Application
Section 65 addresses the admissibility and proof of signatures and handwriting in legal proceedings. When a document is presented in court, and it is claimed that a specific person has signed or written it—either entirely or partially—the party presenting the document must prove that the signature or handwriting attributed to that person is indeed theirs.
This section emphasizes the necessity of authenticating the handwriting or signature to establish the document's genuineness.
🧾 Practical Implications
Authentication of Documents: In cases where a document's authenticity is in question, Section 65 requires that the handwriting or signature be verified to confirm it was made by the person alleged
Admissibility of Evidence: Without proper authentication of the handwriting or signature, the document may not be admissible as evidence in court.
Expert Testimony: Often, handwriting experts are called upon to compare the disputed handwriting with known samples to ascertain authenticity.
📚 Related Sections
Section 66: Proof as to electronic signature.(
Section 67: Proof of signature and handwriting of person alleged to have signed or written document produced.
Section 68: Proof of execution of document required by law to be attested.
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