CHAPTER V.––OF DOCUMENTARY EVIDENCE

Section 68: Proof of execution of document required by law to be attested

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:

¹[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.]

Footnotes in the official text

1.Ins. by Act 31 of 1926, s. 2 (w.e.f. 9-9-1926).

Now in the BSA

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

68. Proof of execution of document required by law to be attested.

BSA 67

Questions on this section

3 questions in 7 of our papers cite Section 68. Try these from the free papers:

1. Consider the following statements under the BSA: 1. A document required by law to be attested cannot be used as evidence until at least one attesting witness has been called to prove its execution, if an attesting witness is alive, subject to the process of the Court and capable of giving evidence. 2. It is not necessary to call an attesting witness to prove a registered will unless its execution is specifically denied. 3. The admission of a party to an attested document of its execution by himself is sufficient proof of its execution as against him, even if the document is one required by law to be attested. 4. If the attesting witness denies the execution of the document, its execution cannot be proved by any other evidence. Which of the statements given above are correct?

Practise questions on Criminal Law