Section 47 IEA: Opinion as to hand-writing, when relevant
Indian Evidence Act, 1872
Section 47 IEA at a Glance
Section 47 IEA deals with opinion as to hand-writing, when relevant. From 1 July 2024 it is replaced by Section 41(1) BSA.
Section 47 IEA Bare Act Text
47. Opinion as to hand-writing, when relevant
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
ExplanationA person is said to be acquainted with the hand-writing of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
IllustrationThe question is, whether a given letter is in the hand-writing of A, a merchant in London.
B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C, is B’s clerk whose duty it was to examine and file B’s correspondence. D is B’s broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon.
The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.
Source: Section 47, Indian Evidence Act, 1872
Section 47 IEA in Simple Words
Section 47 of the Indian Evidence Act, 1872 lets a court consider the opinion of a person who knows someone's handwriting when deciding who wrote or signed a document. That person's opinion on whether the suspected writer wrote or signed the document is a relevant fact (a fact the court can take into account as evidence).
A witness does not have to see the writer write the disputed document itself. Even a witness who has never seen the writer write in person can give an opinion if the witness is acquainted with that handwriting under the Act.
The Explanation sets out how a witness becomes familiar with another person's handwriting. This happens when the witness has watched that person write. It also happens when the witness sent or authorised messages to that person and received written replies appearing to come from that writer. Finally, it happens when documents appearing to come from that writer were habitually placed before the witness during regular business work, such as a clerk filing letters or a broker advising on correspondence.
When Section 47 IEA Applies
- A court needs to form an opinion on who wrote or signed a document.
- A witness familiar with the supposed writer's handwriting gives an opinion on whether that writer wrote or signed the document.
- A witness counts as acquainted with a writer's handwriting by having watched that writer write, or by having received written replies to documents that the witness wrote or authorised and sent to that writer.
- A witness also counts as acquainted when documents appearing to be in that writer's handwriting have been habitually placed before the witness during regular business.
Example of Section 47 IEA
Section 47 IEA in the BSA
Section 47 IEA is now covered under Section 41(1) BSA.
Section 47 of the Indian Evidence Act, 1872 became Section 41(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. Illustration place names were updated, and the heading now reads "Opinion as to handwriting and signature, when relevant".
View detailed comparison (IEA 47 vs BSA 41(1)) →FAQs on Section 47 IEA
What is Section 47 IEA?▼
Section 47 of the Indian Evidence Act, 1872 makes the opinion of a person who is familiar with someone's handwriting a relevant fact when a court has to decide who wrote or signed a document. The Explanation defines when a witness counts as acquainted with another person's handwriting.
Can a witness give an opinion under Section 47 IEA without ever seeing the writer write in person?▼
Yes. Under the Explanation and Illustration to Section 47 IEA, a witness who never saw the writer write is still acquainted with the handwriting if the witness received written replies to letters addressed to that writer, or habitually received that writer's documents during regular business.
Does Section 47 IEA apply to signatures as well as handwriting?▼
Yes. Section 47 IEA applies when a court must decide who wrote a document and also when a court must decide who signed it.
What is Section 47 IEA in BSA?▼
Section 41(1) BSA replaced Section 47 IEA on 1 July 2024 and keeps the same rule on opinions about handwriting and signatures.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·