Law4u - Made in India

What Is BSA Section 68?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 68: Proof where no attesting witness found.

  • 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.

Brefe Detail

This section of the Bhartiya Sakshya Adhiniyam, 2023, specifies that if an attesting witness is unavailable, it is necessary to provide proof that at least one attesting witness's attestation is in their handwriting, along with confirmation that the signature on the document belongs to the person executing it.

Question & Answers

Q: What does Section 68 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A: It addresses the proof required when no attesting witness can be found.

Q: What must be proven if no attesting witness is available?

A: It must be proven that the attestation of at least one attesting witness is in their handwriting.

Q: What else must be verified in the absence of an attesting witness?

A: The signature of the person executing the document must be proven to be in their handwriting.

Example

  • If a contract requires attestation and no witness is available, one must show that the signature on the contract matches the handwriting of the signatory, along with confirming that at least one witness's attestation is also in their handwriting.
  • In a case involving a deed where no attesting witness is present, it would be necessary to provide handwriting samples to establish the validity of the signatures.

Summary

Section 68 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the requirements for proving the validity of a document when no attesting witness can be located, emphasizing the need for handwriting verification of both the attestation and the signatory's signature.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Macharla Vijay Samrat

Advocate Macharla Vijay Samrat

Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Insurance, Property, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Chandra Mohan Yadav

Advocate Chandra Mohan Yadav

Civil, Court Marriage, Family, Domestic Violence, Anticipatory Bail, Arbitration

Get Advice
Advocate Selgin B

Advocate Selgin B

High Court, GST, Anticipatory Bail, Civil, Arbitration, Armed Forces Tribunal, Banking & Finance, Corporate, Divorce, Cyber Crime, Family, Landlord & Tenant, R.T.I, Recovery, Trademark & Copyright, Tax, Motor Accident, Cheque Bounce, Bankruptcy & Insolvency, Consumer Court, Insurance, Property, Wills Trusts, Breach of Contract

Get Advice
Advocate Asish Kumar Mukherjee

Advocate Asish Kumar Mukherjee

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Chimmili Kishore

Advocate Chimmili Kishore

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, RERA, Succession Certificate

Get Advice
Advocate S A Anwar

Advocate S A Anwar

Criminal, Cheque Bounce, High Court, Supreme Court, Muslim Law

Get Advice
Advocate Pratibha Shukla

Advocate Pratibha Shukla

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Arbitration, Landlord & Tenant, Recovery, Wills Trusts, Medical Negligence

Get Advice
Advocate Kuntal Ghosh

Advocate Kuntal Ghosh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Wills Trusts

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.