Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 65: Proof of Signature and Handwriting of Person Alleged to Have Signed or Written Document Produced
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.
Brief Detail
Section 65 of the Bhartiya Sakshya Adhiniyam, 2023 lays down that if a document is claimed to be signed or written by any person, the signature or handwriting must be verified and proven to be that person’s handwriting for the part of the document that is alleged to be written by them.
Question & Answers
Q1: What does Section 65 of the Bhartiya Sakshya Adhiniyam, 2023 deal with?
A1: Section 65 deals with the requirement that if a document is claimed to be signed or written by any person, the signature or handwriting must be proven to be in that person’s handwriting.
Q2: When is the handwriting of a document required to be proven?
A2: The handwriting of a document must be proven if it is alleged that any person has signed or written the document, wholly or in part.
Q3: Does the entire document need to be proven as written by a person?
A3: No, only the part of the document that is alleged to be in that person's handwriting needs to be proven.
Example
Example 1: Proving Signature on a Contract
If a person is accused of signing a contract, the part of the document with the alleged signature must be proven to be in that person's handwriting.
Example 2: Handwriting Verification in a Will
If a will is disputed, claiming that it was written by a deceased person, the handwriting in the will must be verified to prove it was indeed written by that person.
Summary
Section 65 of the Bhartiya Sakshya Adhiniyam, 2023 specifies that when a document is alleged to be signed or written by a person, the specific part of the document containing the signature or handwriting must be proven to be in the handwriting of the person who is said to have signed or written it.
