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

Bharatiya Sakshya Adhiniyam, 2023

Section 67 BSA at a Glance

Section 67 BSA deals with proof of execution of document required by law to be attested. It replaced Section 68 IEA on 1 July 2024.

Was IEA

Section 68 →

Section 67 BSA Bare Act Text

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.

Source: Section 67, Bharatiya Sakshya Adhiniyam, 2023

Section 67 BSA in Simple Words

Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 covers documents that the law requires to be attested (witnessed). Such a document cannot be used in evidence without calling at least one attesting witness to prove execution.

This requirement applies when an attesting witness is alive and able to give evidence. The witness also has to be subject to court process.

A proviso creates an exception for documents registered under the Indian Registration Act, 1908, other than a will. For such a registered document, calling an attesting witness is not needed. However, an attesting witness still must be called if it is specifically denied that the person shown on the document executed it.

When Section 67 BSA Applies

  • 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.

Example of Section 67 BSA

In September 2024, Ramesh produces a registered document, other than a will, in a court in Bhopal. The law requires the document to be attested, and Priya, the person shown as having executed it, specifically denies its execution. Under Section 67 BSA, the exception for registered documents does not apply because execution is specifically denied. When an attesting witness is alive, able to give evidence, and subject to court process, Ramesh must call at least one attesting witness to prove the registered document.

When Section 67 BSA Does Not Apply

  • Calling an attesting witness is not needed for a document, other than a will, that is registered under the Indian Registration Act, 1908, unless it is specifically denied that the person shown on the document executed it.
  • The exception for registered documents does not apply to a will, or when it is specifically denied that the person shown on the document executed it.

Section 67 BSA in the IEA (Previous Law)

Section 67 BSA replaces Section 68 IEA from the old criminal code.

Section 68 of the Indian Evidence Act, 1872 became Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 67 BSA

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.

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.

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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 ·