Section 70 IEA: Admission of execution by party to attested document

Indian Evidence Act, 1872

Section 70 IEA at a Glance

Section 70 IEA deals with admission of execution by party to attested document. From 1 July 2024 it is replaced by Section 69 BSA.

Section 70 IEA Bare Act Text

70. Admission of execution by party to attested document

The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.

Source: Section 70, Indian Evidence Act, 1872

Section 70 IEA in Simple Words

Section 70 of the Indian Evidence Act, 1872 states what happens when a party to an attested document (a document signed in the presence of a witness who also signs it) admits executing (signing to make valid) that document. Under the Act, that admission is sufficient proof of execution against the party who made the admission.

This rule applies even where the paper is a document that the law requires to be attested. When the signer admits execution, the party relying on the document does not need other proof of execution against that admitting party.

The rule in Section 70 IEA makes the admission sufficient proof only against the party who admits signing the document. It operates solely on the question of execution as against that admitting party.

When Section 70 IEA Applies

  • Applies when a party to an attested document admits executing that paper.
  • Makes that admission enough proof of execution against the party who made the admission.
  • Operates even when the paper is a document that the law requires to be attested.

Example of Section 70 IEA

In 2021, Ramesh brings a claim against Farhan in a Chennai court based on an attested gift deed. Although the law requires the document to be attested, Farhan admits executing the paper. Under Section 70 IEA, that admission is sufficient proof of execution against Farhan. No further proof of signing is needed against Farhan to establish execution of the attested gift deed.

Section 70 IEA in the BSA

Section 70 IEA is now covered under Section 69 BSA.

Section 70 of the Indian Evidence Act, 1872 became Section 69 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 70 vs BSA 69) โ†’

FAQs on Section 70 IEA

What is Section 70 IEA?โ–ผ

Section 70 of the Indian Evidence Act, 1872 states that when a party to an attested document admits executing it, that admission is sufficient proof of execution against that party. The rule applies even when the law requires the document to be attested.

Does an admission under Section 70 IEA prove execution against every person or only the admitting party?โ–ผ

Only the admitting party. Section 70 IEA makes the admission sufficient proof of execution as against the party who admitted signing the attested document.

Does Section 70 IEA apply when the law requires the document to be attested?โ–ผ

Yes. Even when the law requires a document to be attested, the admission of execution by a party to that document is sufficient proof of execution against that party.

What is Section 70 IEA in BSA?โ–ผ

Section 69 BSA replaced Section 70 IEA 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, Indian Evidence Act, 1872 ยท