Section 72 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) deals with the comparison of signatures, writings, or seals to determine their authenticity.
📜 Text of Section 72
Comparison of Signatures, Writings, or Seals:
To ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been made by that person may be compared with the one in question
Court's Direction for Writing Samples:
The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
Application to Finger Impressions:
This section applies also, with any necessary modifications, to finger impressions.
🧠 Explanation
Section 72 empowers the Court to compare disputed signatures, writings, or seals with those that are admitted or proven to be genuine. This comparison can be made even if the admitted or proven signatures, writings, or seals have not been produced for any other purpose in the case
The Court has the authority to direct a person present in Court to write specific words or figures to facilitate this comparison. Additionally, the section extends to finger impressions, allowing the Court to compare disputed impressions with those known to be genuine.
⚖️ Practical Application
Forgery Cases: In cases where the authenticity of a signature is in question, the Court can compare the disputed signature with known genuine signatures of the individual
Document Verification: When verifying the authenticity of documents, especially in property disputes or contractual matters, this section allows for the comparison of writings and seals.
Finger Impression Analysis: In cases involving thumb impressions, such as in the execution of documents, the Court can compare the disputed impression with known genuine impressions.
🧾 Illustration
Scenario: A person is accused of forging a signature on a cheque.
Application of Section 72: The Court may compare the disputed signature with admitted genuine signatures of the accused. If necessary, the accused may be directed to write specific words or figures in Court for further comparison.
Summary:
Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, provides a legal framework for the comparison of disputed signatures, writings, seals, and finger impressions with those known to be genuine. This aids the Court in determining authenticity and ensuring the integrity of documents presented as evidence.
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