What Is BSA Section 70?

Bhartiya Sakshya Adhiniyam, 2023 - Section 70: Proof when attesting witness denies execution.

• If the attesting witness denies or does not recollect the execution of the document,
• Its execution may be proved by other evidence.

Brefe Detail

This section of the Bhartiya Sakshya Adhiniyam, 2023, states that if an attesting witness either denies or cannot remember the execution of a document, then the execution of that document can still be established through other forms of evidence.

Question & Answers

Q: What does Section 70 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A: It addresses the proof of execution when an attesting witness denies or does not remember executing the document.

Q: What can be done if an attesting witness denies the execution of a document?

A: The execution of the document can be proved by other evidence.

Q: Does the inability of an attesting witness to recollect execution affect the validity of the document?

A: No, the execution can still be established through other evidence even if the witness does not remember.

Example

• If an attesting witness claims they do not recall signing a will, the execution of the will can still be proven by presenting other evidence, such as additional witnesses or physical evidence related to the signing.
• In a case where a contract's attesting witness denies witnessing the signing, the execution can be supported by emails, correspondence, or other documentation indicating the agreement was made.

Summary

Section 70 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that if an attesting witness denies or fails to remember the execution of a document, other evidence can be used to prove that the document was indeed executed.