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 Raghvendra Singh Chauhan

Advocate Raghvendra Singh Chauhan

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Family, High Court, Labour & Service, Motor Accident, NCLT, Property, R.T.I, Revenue, Corporate

Get Advice
Advocate Prakhar Kumar Parekh

Advocate Prakhar Kumar Parekh

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Child Custody, Court Marriage, Divorce, Customs & Central Excise, Domestic Violence, High Court, Family, RERA, Recovery, R.T.I, Property, Patent, Succession Certificate, Trademark & Copyright, Wills Trusts, Startup, Medical Negligence, Landlord & Tenant, Media and Entertainment, Motor Accident, Labour & Service, Documentation, Cyber Crime, Breach of Contract, Supreme Court

Get Advice
Advocate Dharmendra Singh

Advocate Dharmendra Singh

Civil,Criminal,Domestic Violence,Family,Revenue,Cheque Bounce,Anticipatory Bail,

Get Advice
Advocate Ankit Chourasia

Advocate Ankit Chourasia

Criminal, Civil, Anticipatory Bail, Family, Muslim Law, Divorce, Cheque Bounce

Get Advice
Advocate Narottam Kumar Sharma

Advocate Narottam Kumar Sharma

Anticipatory Bail, Civil, Criminal, Divorce, High Court

Get Advice
Advocate A K Sinha

Advocate A K Sinha

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Civil, Criminal, Divorce, Family, High Court, Labour & Service, Landlord & Tenant, Property, RERA, Succession Certificate, Supreme Court, Wills Trusts, Consumer Court, Cyber Crime, Breach of Contract, Bankruptcy & Insolvency, Arbitration, Motor Accident, R.T.I, Revenue

Get Advice
Advocate Madhur Maheshwari

Advocate Madhur Maheshwari

Anticipatory Bail, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Supreme Court, Armed Forces Tribunal, Banking & Finance, Child Custody, Consumer Court, R.T.I, Recovery, Muslim Law, Breach of Contract, Immigration, Insurance, International Law, Landlord & Tenant, Revenue, Wills Trusts, Motor Accident, Labour & Service, Arbitration, RERA, Succession Certificate

Get Advice
Advocate Vaibhav Sharma

Advocate Vaibhav Sharma

Cheque Bounce,Divorce,Domestic Violence,Family,International Law,Wills Trusts,Revenue,Breach of Contract,Civil,Documentation,Criminal,Labour & Service,R.T.I,High Court,Supreme Court,

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.