IEA 69→BSA 68

IEA 69 to BSA 68: Proof where no attesting witness found

Section 69 IEA (1872) replaced by Section 68 BSA (2023)

View IEA Section 69 →View BSA Section 68 →

IEA 69 to BSA 68 at a Glance

Section 69 IEA (Proof where no attesting witness found) is now Section 68 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 69 to BSA 68?

Section 69 of the Indian Evidence Act, 1872 became Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words on a document "executed in the United Kingdom" were dropped. Otherwise the same.

IEA 69 vs BSA 68: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section6968
HeadingProof where no attesting witness foundSame

IEA 69 and BSA 68: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 69, IEA 1872

69. Proof where no attesting witness found.—If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.
BSA 2023 (in force)

Section 68, BSA 2023

68. Proof where no attesting witness found.—If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

When It Applies: IEA 69 vs BSA 68

Under IEA 69
  1. Applies when no attesting witness to the document is able to be found.
  2. Applies alternatively when the document claims or appears on its face to be executed inside the United Kingdom.
  3. Requires proof that the attestation entry of at least one attesting witness is written in the handwriting of that witness.
  4. Requires proof that the signature belonging to the person who executed the paper matches the handwriting of that signer.
Under BSA 68
  1. Applies when no attesting witness to the document is able to be found.
  2. Requires proof that the attestation entry of at least one attesting witness is written in the handwriting of that witness.
  3. Requires proof that the signature belonging to the person who executed the paper matches the handwriting of that signer.

What IEA 69 to BSA 68 Means in Practice

Section 69 IEA became Section 68 BSA on 1 July 2024, and the words about a document executed in the United Kingdom were dropped. Where no attesting witness can be found, the rule requiring proof of the handwriting of at least one attesting witness and the handwriting of the person who signed the document remains the same. A party should cite Section 68 BSA for matters governed by the BSA.

FAQs: IEA 69 to BSA 68

Does Section 68 BSA still have a separate rule for documents executed in the United Kingdom?▼

No. Section 68 BSA dropped the words in Section 69 IEA about a document executed in the United Kingdom.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·