Section 68 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the situation where an attesting witness to a document cannot be found. It outlines the procedure for proving the execution of such a document in the absence of the attesting witness.
๐ Text of Section 68:
"If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person."
๐งพ Key Provisions Explained:
Absence of Attesting Witness:
If an attesting witness is unavailable to testify, the document's validity can still be established.
Proof of Attestation:
At least one attesting witness's signature must be proven to be in their own handwriting.
Proof of Execution:
The signature of the person who executed the document must be proven to be in their own handwriting.
โ๏ธ Significance of Section 68:
Ensures Document Validity: It provides a method to validate documents even when attesting witnesses are unavailable
Protects Parties' Interests: By allowing alternative proof, it ensures that parties are not disadvantaged due to the unavailability of witnesses.
Maintains Legal Integrity: It upholds the integrity of legal documents by ensuring proper execution and attestation.
๐งโโ๏ธ Illustrative Example:
Scenario: Ravi and Suresh executed a property agreement in the presence of two witnesses, Amit and Raj.
Issue: Years later, a dispute arises, and neither Amit nor Raj can be located to testify.
Application of Section 68: Suresh can still prove the document's validity by presenting evidence that Amit's signature is in Amit's handwriting and that Ravi's signature is in Ravi's handwriting. This can be done through handwriting experts or other available evidence.
๐ Further Reading:
For a comprehensive understanding of Section 68 and its application, you can refer to the official text of the Bharatiya Sakshya Adhiniyam, 2023:
This resource provides the full text of the Act, including all sections and provisions.
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