Section 65 BSA: Proof of signature and handwriting of person alleged to have signed or written document produced

Bharatiya Sakshya Adhiniyam, 2023

Section 65 BSA at a Glance

Section 65 BSA deals with proof of signature and handwriting of person alleged to have signed or written document produced. It replaced Section 67 IEA on 1 July 2024.

Section 65 BSA Bare Act Text

65. Proof of signature and handwriting of person alleged to have signed or written document produced

If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.

Source: Section 65, Bharatiya Sakshya Adhiniyam, 2023

Section 65 BSA in Simple Words

Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 sets the rule for proving signatures and handwriting on documents. A party producing a document in court cannot merely claim that a certain person signed or wrote it.

If a party claims that a person signed a document, that signature must be proved. Proof must show that the signature is in the handwriting of that person. The same rule applies when a person allegedly wrote the whole document.

Sometimes a claim states that a person wrote only part of a document. In that situation, only the handwriting of that specific part has to be proved to belong to that person.

When Section 65 BSA Applies

  • A document is produced in court and is claimed to be signed by a person.
  • A document produced in court is claimed to be written wholly or partly by a person.
  • The signature or the claimed part of the writing must be proved to belong to that person.

Example of Section 65 BSA

In August 2024, Priya produces a letter in a Jaipur court and claims that Farhan wrote a part of it. Farhan denies writing that part of the letter. Under Section 65 BSA, producing the letter in court is not enough. Priya must prove that the handwriting of that part of the letter belongs to Farhan.

Section 65 BSA in the IEA (Previous Law)

Section 65 BSA replaces Section 67 IEA from the old criminal code.

Section 67 of the Indian Evidence Act, 1872 became Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 65 BSA

What is Section 65 BSA?โ–ผ

Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 requires proof of a signature or handwriting on a document produced in court. When a claim states that a person signed or wrote the document wholly or in part, that signature or writing must be proved to be in the handwriting of that person.

Does Section 65 BSA apply when a person wrote only part of a document?โ–ผ

Yes. Section 65 BSA applies whether the document is claimed to be written wholly or in part by that person. Only the part claimed to be written by that person must be proved to be in the handwriting of that person.

Is producing a signed document in court enough to prove the signature under Section 65 BSA?โ–ผ

No. When a document produced in court is claimed to be signed by a person, Section 65 BSA requires proof that the signature is in the handwriting of that person.

What is Section 65 BSA in IEA?โ–ผ

Section 67 IEA. Section 67 IEA became Section 65 BSA on 1 July 2024 without any change in wording.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ยท