Section 70 BSA: Proof when attesting witness denies execution

Bharatiya Sakshya Adhiniyam, 2023

Section 70 BSA at a Glance

Section 70 BSA deals with proof when attesting witness denies execution. It replaced Section 71 IEA on 1 July 2024.

Was IEA

Section 71 →

Section 70 BSA Bare Act Text

70. Proof when attesting witness denies execution

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

Source: Section 70, Bharatiya Sakshya Adhiniyam, 2023

Section 70 BSA in Simple Words

Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proving the execution (the formal signing or completion) of a document. It lets a party prove that execution through other evidence when the attesting witness (a person who signed the document as a witness) does not confirm it.

Section 70 BSA applies when the attesting witness denies that the document was executed. It also applies when the witness does not remember the execution of that document.

In either situation, the denial or lack of memory of the attesting witness does not block proof of execution. Under Section 70 BSA, the execution of that document can be proved by using other evidence.

When Section 70 BSA Applies

  • A document has an attesting witness and its execution is to be proved.
  • The attesting witness either denies that the document was executed or does not remember its execution.
  • The execution of that document can then be proved by using other evidence.

Example of Section 70 BSA

In August 2024, Farhan seeks to prove the execution of an attested document before a court in Jaipur. Priya is the attesting witness who signed the document. In court, Priya does not remember the execution of that document. Under Section 70 BSA, Farhan can prove the execution of that document through other evidence.

Section 70 BSA in the IEA (Previous Law)

Section 70 BSA replaces Section 71 IEA from the old criminal code.

Section 71 of the Indian Evidence Act, 1872 became Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 70 BSA

What is Section 70 BSA?▼

Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on proving the execution of a document when the attesting witness denies or does not remember its execution. It allows the execution of that document to be proved through other evidence.

Does Section 70 BSA apply when the attesting witness forgets the execution instead of denying it?▼

Yes. Section 70 BSA applies both when the attesting witness denies that the document was executed and when the witness does not recollect it. In either case, the execution can be proved through other evidence.

What is Section 70 BSA in IEA?▼

Section 71 IEA. Section 71 IEA became Section 70 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 ·