Section 71 IEA: Proof when attesting witness denies the execution
Indian Evidence Act, 1872
Section 71 IEA at a Glance
Section 71 IEA deals with proof when attesting witness denies the execution. From 1 July 2024 it is replaced by Section 70 BSA.
Section 71 IEA Bare Act Text
71. Proof when attesting witness denies the execution
If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
Source: Section 71, Indian Evidence Act, 1872
Section 71 IEA in Simple Words
Section 71 of the Indian Evidence Act, 1872 dealt with proving the execution (the formal signing or completion) of a document. It let a party prove that execution through other evidence when the attesting witness (a person who signed the document as a witness) did not confirm it.
Section 71 IEA applied when the attesting witness denied that the document was executed. It also applied when the witness did not remember the execution of that document.
In either situation, the denial or lack of memory of the attesting witness did not block proof of execution. Under Section 71 IEA, the execution of that document could be proved by using other evidence.
When Section 71 IEA Applies
- A document has an attesting witness and its execution is to be proved.
- The attesting witness either denies that the document was executed or does not remember its execution.
- The execution of that document can then be proved by using other evidence.
Example of Section 71 IEA
Section 71 IEA in the BSA
Section 71 IEA is now covered under Section 70 BSA.
Section 71 of the Indian Evidence Act, 1872 became Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
View detailed comparison (IEA 71 vs BSA 70) →FAQs on Section 71 IEA
What is Section 71 IEA?▼
Section 71 of the Indian Evidence Act, 1872 is the rule on proving the execution of a document when the attesting witness denies or does not remember its execution. It allows the execution of that document to be proved through other evidence.
Does Section 71 IEA apply when the attesting witness forgets the execution instead of denying it?▼
Yes. Section 71 IEA applies both when the attesting witness denies that the document was executed and when the witness does not recollect it. In either case, the execution can be proved through other evidence.
What is Section 71 IEA in BSA?▼
Section 70 BSA. Section 71 IEA became Section 70 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·