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PART II · CHAPTER II RELEVANCY OF FACTS · Opinions of third persons when relevant

Section 41: Opinion as to handwriting and signature, when relevant

The Bharatiya Sakshya Adhiniyam, 2023

(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

Explanation.—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Illustration.

The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.

(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 9 of our papers cite Section 41. Try these from the free papers:

  1. 1. The question is whether a letter was written by P, a trader in Kochi. Q, a trader in Jaipur, has for years written letters to P and received replies purporting to be from P. R is Q's clerk whose duty is to examine and file Q's correspondence. S is Q's cousin, to whom Q once showed a single letter from P at a family function. None of Q, R and S has ever seen P write. Under Section 41 of the BSA, whose opinion as to P's handwriting is relevant?

  2. 2. Under Section 41(2) of the BSA, when the Court has to form an opinion as to the electronic signature of any person, the opinion of which of the following is a relevant fact?

Practise questions on Bharatiya Sakshya Adhiniyam