Section 68 IEA: Proof of execution of document required by law to be attested
Indian Evidence Act, 1872
Section 68 IEA at a Glance
Section 68 IEA deals with proof of execution of document required by law to be attested. From 1 July 2024 it is replaced by Section 67 BSA.
Section 68 IEA Bare Act Text
68. 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 68, Indian Evidence Act, 1872
Section 68 IEA in Simple Words
Section 68 of the Indian Evidence Act, 1872 covered documents that the law requires to be attested (witnessed). Such a document could not be used in evidence without calling at least one attesting witness to prove execution.
This requirement applied when an attesting witness was alive and able to give evidence. The witness also had to be subject to court process.
A proviso created an exception for documents registered under the Indian Registration Act, 1908, other than a will. For such a registered document, calling an attesting witness was not needed. However, an attesting witness still had to be called if it was specifically denied that the person shown on the document had executed it.
When Section 68 IEA 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 68 IEA
When Section 68 IEA 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 68 IEA in the BSA
Section 68 IEA is now covered under Section 67 BSA.
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.
View detailed comparison (IEA 68 vs BSA 67) →FAQs on Section 68 IEA
What is Section 68 IEA?▼
Section 68 of the Indian Evidence Act, 1872 required a party to call at least one attesting witness before a document that the law requires to be attested could be used in evidence. This applied when an attesting witness was alive, subject to court process, and able to give evidence. A proviso relaxed this rule for documents other than wills registered under the Indian Registration Act, 1908, unless execution was specifically denied.
Does an attesting witness have to be called for a registered document under Section 68 IEA?▼
No. Under the proviso to Section 68 IEA, calling an attesting witness was not required for a document, other than a will, registered under the Indian Registration Act, 1908. However, an attesting witness still had to be called if it was specifically denied that the person shown on the document had executed it.
Does the registered document exception in Section 68 IEA apply to a will?▼
No. The proviso to Section 68 IEA expressly excluded a will. Even if a will was registered, at least one attesting witness had to be called to prove its execution if an attesting witness was alive, subject to court process, and able to give evidence.
What if the execution of a registered document is specifically denied under Section 68 IEA?▼
At least one attesting witness must be called. When it was specifically denied that the person shown on a registered document had executed it, the proviso in Section 68 IEA did not apply, provided an attesting witness was alive, subject to court process, and able to give evidence.
What is Section 68 IEA in BSA?▼
Section 67 BSA. Section 68 IEA became Section 67 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·