Section 69 IEA: Proof where no attesting witness found
Indian Evidence Act, 1872
Section 69 IEA at a Glance
Section 69 IEA deals with proof where no attesting witness found. From 1 July 2024 it is replaced by Section 68 BSA.
Section 69 IEA Bare Act Text
69. Proof where no attesting witness found
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, 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 hand writing of that person.
Source: Section 69, Indian Evidence Act, 1872
Section 69 IEA in Simple Words
Section 69 of the Indian Evidence Act, 1872 explains how a document is proved when every attesting witness (a witness who signed the document) cannot be located. The same rule also covered a document that purports (claims on its face) to have been executed (signed to make it valid) in the United Kingdom.
Where no attesting witness is traceable, or where the paper shows execution in the United Kingdom, proof happens through handwriting evidence. The party relying on the paper must establish that the attestation (the witness signing entry) of at least one attesting witness matches the handwriting of that witness.
In addition, the party has to establish that the signature belonging to the person who executed the paper matches the handwriting of that signer. Both the witness handwriting and the signer handwriting must be proved under Section 69 IEA.
When Section 69 IEA Applies
- Applies when no attesting witness to the document is able to be found.
- Applies alternatively when the document claims or appears on its face to be executed inside the United Kingdom.
- 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 69 IEA
Section 69 IEA in the BSA
Section 69 IEA is now covered under Section 68 BSA.
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.
View detailed comparison (IEA 69 vs BSA 68) →FAQs on Section 69 IEA
What is Section 69 IEA?▼
Section 69 of the Indian Evidence Act, 1872 states how a document is proved when no attesting witness can be located or when the paper purports to have been executed in the United Kingdom. It requires proof of the handwriting of at least one attesting witness and the handwriting of the person who signed the document.
Is proving the handwriting of the attesting witness alone enough under Section 69 IEA?▼
No. Section 69 IEA requires proof of both the attestation handwriting of at least one attesting witness and the signature handwriting of the person who executed the document.
Did Section 69 IEA apply to a document that purported to be executed in the United Kingdom?▼
Yes. Under Section 69 IEA, a document that purported to have been executed in the United Kingdom could be proved by establishing the handwriting of at least one attesting witness and the handwriting of the signer.
What is Section 69 IEA in BSA?▼
Section 68 BSA replaced Section 69 IEA from 1 July 2024. The reference to a document executed in the United Kingdom was dropped, while the rest of the rule stayed the same.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·