Section 72 IEA: Proof of document not required by law to be attested
Indian Evidence Act, 1872
Section 72 IEA at a Glance
Section 72 IEA deals with proof of document not required by law to be attested. From 1 July 2024 it is replaced by Section 71 BSA.
Section 72 IEA Bare Act Text
72. Proof of document not required by law to be attested
An attested document not required by law to be attested may be proved as if it was unattested.
Source: Section 72, Indian Evidence Act, 1872
Section 72 IEA in Simple Words
Section 72 of the Indian Evidence Act, 1872 dealt with how to prove an attested document (a document signed by a witness to its execution) when the law did not require that document to be attested. It let a party prove the document in the same way as an unattested document.
A party might have an attesting witness sign a document even when the law did not require attestation for that document. Under Section 72 IEA, adding that attestation did not force the party to prove it as an attested document.
Instead, Section 72 IEA allowed the document to be proved just as though it were unattested (not signed by an attesting witness).
When Section 72 IEA Applies
- A party seeks to prove a document that has been attested.
- The law does not require that document to be attested.
- The document can be proved in the same way as an unattested document.
Example of Section 72 IEA
Section 72 IEA in the BSA
Section 72 IEA is now covered under Section 71 BSA.
Section 72 of the Indian Evidence Act, 1872 became Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
View detailed comparison (IEA 72 vs BSA 71) →FAQs on Section 72 IEA
What is Section 72 IEA?▼
Section 72 of the Indian Evidence Act, 1872 states how to prove an attested document when the law does not require that document to be attested. It allows the document to be proved in the same way as an unattested document.
Must a document be proved as an attested document whenever an attesting witness has signed it?▼
No. Under Section 72 IEA, if the law does not require that document to be attested, it can be proved as though it were unattested.
What is Section 72 IEA in BSA?▼
Section 71 BSA. Section 72 IEA became Section 71 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·