Section 68 BSA: Proof where no attesting witness found
Bharatiya Sakshya Adhiniyam, 2023
Section 68 BSA at a Glance
Section 68 BSA deals with proof where no attesting witness found. It replaced Section 69 IEA on 1 July 2024.
Section 68 BSA Bare Act Text
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.
Source: Section 68, Bharatiya Sakshya Adhiniyam, 2023
Section 68 BSA in Simple Words
Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 sets out how to prove a document in court from 1 July 2024 when no attesting witness (a witness who signed the document) can be located. In that situation, the Adhiniyam allows proof through handwriting evidence instead of live testimony from the witness.
To satisfy Section 68 BSA, the party relying on the document has to prove both handwriting elements required by the Adhiniyam. The party must show that the attestation (the witness signing entry) of at least one attesting witness matches the handwriting of that witness.
Along with the witness entry, the party must also prove that the signature belonging to the person who executed (signed to make valid) the document matches the handwriting of that signer. Proving only one handwriting without the other is not sufficient under Section 68 BSA.
When Section 68 BSA Applies
- Applies when no attesting witness to the document is able to be found.
- Requires proof that the attestation entry of at least one attesting witness is written in the handwriting of that witness.
- Requires proof that the signature belonging to the person who executed the paper matches the handwriting of that signer.
Example of Section 68 BSA
Section 68 BSA in the IEA (Previous Law)
Section 68 BSA replaces Section 69 IEA from the old criminal code.
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.
FAQs on Section 68 BSA
What is Section 68 BSA?▼
Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 provides the rule for proving a document when no attesting witness can be located. It requires proof of the handwriting of at least one attesting witness along with the handwriting of the person who signed the document.
Must the handwriting of every attesting witness be proved under Section 68 BSA?▼
No. Section 68 BSA requires proof that the attestation of at least one attesting witness matches the handwriting of that witness, together with proof of the handwriting of the signer.
Can a document be proved under Section 68 BSA by proving only the signature of the person who executed it?▼
No. Along with the handwriting of the person who signed the document, the handwriting of the attestation of at least one attesting witness must also be proved.
What is Section 68 BSA in IEA?▼
Section 69 IEA was the corresponding provision before 1 July 2024. Section 68 BSA keeps the same rule except that the words covering a document executed in the United Kingdom were dropped.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·