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 Shubkarman Kumar

Advocate Shubkarman Kumar

High Court, Anticipatory Bail, Criminal, Divorce, Revenue, Court Marriage

Get Advice
Advocate Debopriyo Roy

Advocate Debopriyo Roy

Cheque Bounce, Criminal, Civil, Divorce, Consumer Court, Court Marriage, Recovery, Succession Certificate, Muslim Law, Motor Accident, Medical Negligence, Breach of Contract, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Child Custody, Family, Domestic Violence, Landlord & Tenant, Insurance, High Court, Cyber Crime, Property, RERA, Documentation, NCLT, R.T.I, Wills Trusts

Get Advice
Advocate Bhoopathi Shankar

Advocate Bhoopathi Shankar

Property, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Banking & Finance, Cheque Bounce, Civil, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Trademark & Copyright

Get Advice
Advocate Puneet Tandon

Advocate Puneet Tandon

GST, Tax, Court Marriage, Divorce, Family, Cheque Bounce, Banking & Finance

Get Advice
Advocate Mohsin Chhalotiya

Advocate Mohsin Chhalotiya

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, High Court, Labour & Service, Muslim Law, R.T.I, Property, Landlord & Tenant

Get Advice
Advocate Tiliya K Sharma

Advocate Tiliya K Sharma

Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Property

Get Advice
Advocate Sanjay Kumar S Prajapati

Advocate Sanjay Kumar S Prajapati

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Cyber Crime

Get Advice
Advocate Bhawani Singh

Advocate Bhawani Singh

Cyber Crime, Criminal, High Court, Motor Accident, Cheque Bounce, Family, Revenue

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.