What is Section 67 BSA?

Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 requires a party to call at least one attesting witness before a document that the law requires to be attested can be used in evidence. This applies when an attesting witness is alive, subject to court process, and able to give evidence. A proviso relaxes this rule for documents other than wills registered under the Indian Registration Act, 1908, unless execution is specifically denied.

Does an attesting witness have to be called for a registered document under Section 67 BSA?

No. Under the proviso to Section 67 BSA, calling an attesting witness is not required for a document, other than a will, registered under the Indian Registration Act, 1908. However, an attesting witness must still be called if it is specifically denied that the person shown on the document executed it.

Does the registered document exception in Section 67 BSA apply to a will?

No. The proviso to Section 67 BSA expressly excludes a will. Even if a will is registered, at least one attesting witness must be called to prove its execution if an attesting witness is alive, subject to court process, and able to give evidence.

What if the execution of a registered document is specifically denied under Section 67 BSA?

At least one attesting witness must be called. When it is specifically denied that the person shown on a registered document executed it, the proviso in Section 67 BSA does not apply, provided an attesting witness is alive, subject to court process, and able to give evidence.

IEA 68 Is Now BSA 67: What Changed

Q: What is Section 67 BSA in IEA?

Section 68 IEA. Section 68 IEA became Section 67 BSA on 1 July 2024 without any change in wording.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	68	67
Heading	Proof of execution of document required by law to be attested	Same

IEA 68 and BSA 67: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 68, IEA 1872

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

BSA 2023 (in force)

Section 67, BSA 2023

67. Proof of execution of document required by law to be attested.—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: 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.

When It Applies: IEA 68 vs BSA 67

Under IEA 68

A party seeks to use as evidence a document that the law requires to be attested.
At least one attesting witness must be called to prove the execution of the document.
An attesting witness is alive, subject to court process, and able to give evidence.

Under BSA 67

A party seeks to use as evidence a document that the law requires to be attested.
At least one attesting witness must be called to prove the execution of the document.
An attesting witness is alive, subject to court process, and able to give evidence.

What IEA 68 to BSA 67 Means in Practice

Section 68 IEA became Section 67 BSA on 1 July 2024 without any change in wording. The same rule and proviso for proving the execution of a document that the law requires to be attested apply, and a party should cite Section 67 BSA in matters governed by the BSA.

IEA 68 to BSA 67: Proof of execution of document required by law to be attested

IEA 68 to BSA 67 at a Glance

What Changed From IEA 68 to BSA 67?

IEA 68 vs BSA 67: Comparison Table

IEA 68 and BSA 67: Bare Act Text Side by Side

When It Applies: IEA 68 vs BSA 67

What IEA 68 to BSA 67 Means in Practice