Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 72: Comparison of signature, writing or seal with others admitted or proved.
(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
(2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
(3) This section applies also, with any necessary modifications, to finger impressions.
Brefe Detail
This section outlines the process for comparing signatures, writings, or seals to determine their authenticity. It allows the court to assess whether a particular signature or writing belongs to the person it claims to be from. The court can request comparisons using existing verified samples, and this process also extends to finger impressions.
Question & Answers
Q: What does Section 72 of the Bhartiya Sakshya Adhiniyam, 2023 address?
A: It addresses the comparison of signatures, writings, or seals to establish their authenticity.
Q: How can the court ascertain if a signature is authentic?
A: The court may compare the signature with any signature, writing, or seal that has been admitted or proved to be made by the same person.
Q: Can the court ask someone in court to write something for comparison?
A: Yes, the court can direct any person present to write words or figures for the purpose of comparison.
Q: Does this section apply to finger impressions?
A: Yes, this section applies to finger impressions as well, with necessary modifications.
Example
- In a case where a disputed document is presented, the court may compare the disputed signature with a verified signature from another document signed by the same person.
- If a person claims their signature has been forged, the court can request them to write a sample signature in front of witnesses to compare it with the disputed one.
Summary
Section 72 of the Bhartiya Sakshya Adhiniyam, 2023 establishes procedures for verifying the authenticity of signatures, writings, or seals through comparison. It empowers the court to utilize both existing evidence and new samples from parties involved, including the application of this process to finger impressions.
