Section 71: Proof when attesting witness denies the execution

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

Questions on this section

2 questions in 12 of our papers cite Section 71. Try these from the free papers:

1. 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?

   A.2, 3 and 4 onlyB.1 and 2 onlyC.1, 3 and 4 onlyD.1 and 3 only
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2. 2. To prove a will, the propounder examines only one of its two attesting witnesses, though the other is alive and available. The examined witness proves the testator's signature but does not depose that the other witness attested the will. The propounder relies on Section 70 of the BSA (proof by other evidence where the attesting witness denies or does not recollect execution). Following Janki Narayan Bhoir v. Narayan Namdeo Kadam (2003):

   A.the will stands proved under Section 70, because execution of an attested document may always be proved by other evidenceB.Section 70 does not apply, as the witness did not deny or forget execution, so the will is not provedC.the will stands proved, because the Court shall presume due attestation of every will produced from proper custodyD.the will stands proved, because Section 67 is satisfied once a single attesting witness has been called to prove execution
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