Section 71 BSA: Proof of document not required by law to be attested

Bharatiya Sakshya Adhiniyam, 2023

Section 71 BSA at a Glance

Section 71 BSA deals with proof of document not required by law to be attested. It replaced Section 72 IEA on 1 July 2024.

Was IEA

Section 72 →

Section 71 BSA Bare Act Text

71. Proof of document not required by law to be attested

An attested document not required by law to be attested may be proved as if it was unattested.

Source: Section 71, Bharatiya Sakshya Adhiniyam, 2023

Section 71 BSA in Simple Words

Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 deals with how to prove an attested document (a document signed by a witness to its execution) when the law does not require that document to be attested. It lets a party prove the document in the same way as an unattested document.

A party may have an attesting witness sign a document even when the law does not require attestation for that document. Under Section 71 BSA, adding that attestation does not force the party to prove it as an attested document.

Instead, Section 71 BSA allows the document to be proved just as though it were unattested (not signed by an attesting witness).

When Section 71 BSA Applies

  • A party seeks to prove a document that has been attested.
  • The law does not require that document to be attested.
  • The document can be proved in the same way as an unattested document.

Example of Section 71 BSA

In August 2024, Priya seeks to prove an attested document before a court in Bengaluru. Farhan signed that document as an attesting witness, even though the law does not require the document to be attested. Under Section 71 BSA, the attestation on the document does not require Priya to prove it as an attested document. Priya can prove that document in the same way as an unattested document.

Section 71 BSA in the IEA (Previous Law)

Section 71 BSA replaces Section 72 IEA from the old criminal code.

Section 72 of the Indian Evidence Act, 1872 became Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 71 BSA

What is Section 71 BSA?▼

Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 states how to prove an attested document when the law does not require that document to be attested. It allows the document to be proved in the same way as an unattested document.

Must a document be proved as an attested document whenever an attesting witness has signed it?▼

No. Under Section 71 BSA, if the law does not require that document to be attested, it can be proved as though it were unattested.

What is Section 71 BSA in IEA?▼

Section 72 IEA. Section 72 IEA became Section 71 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 ·