Section 71 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the admissibility of attested documents in legal proceedings when such attestation is not mandated by law.
๐ Section 71: Proof of Document Not Required by Law to Be Attested
Section 71 states:
"An attested document not required by law to be attested may be proved as if it was unattested."(thelawadvice.com)
This means that if a document has been attested (i.e., signed by a witness to confirm its authenticity) but the law does not require it to be attested, the document can still be presented in court as if it were not attested.
๐ Significance of Section 71
Flexibility in Evidence: This provision allows courts to accept documents that are attested but not legally required to be so, thereby not excluding potentially important evidence.
Simplification of Legal Processes: It reduces the technicalities involved in proving documents, focusing more on the content and relevance of the document rather than its formality.
Encouragement of Informal Documentation: Parties can present documents that are attested without the strict requirement of attestation, facilitating smoother legal proceedings.
โ๏ธ Practical Application
Civil Cases: In civil disputes, parties may submit documents like agreements or receipts that are attested but not required to be so by law. These documents can be considered valid evidence under Section 71.(kanoongpt.in)
Criminal Cases: In criminal proceedings, if an attested document is presented that is not legally mandated to be attested, it can still be used as evidence, provided it meets other evidentiary standards.
๐งพ Example
Scenario: A person presents a loan agreement in court that is attested by a witness. The law does not require such agreements to be attested.
Application of Section 71: Despite the attestation, the court can accept the agreement as evidence, treating it as if it were not attested, focusing on its content and relevance to the case.
Summary: Section 71 of the Bharatiya Sakshya Adhiniyam, 2023, provides that attested documents not required by law to be attested can be treated as if they were not attested. This provision enhances the flexibility and efficiency of legal proceedings by allowing such documents to be admissible in court, thereby facilitating the presentation of relevant evidence.
RELATED Blog
0 comments