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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof of Documents Not Required by Law to Be Attested [Section 71]
1. Introduction
Not all documents are required by law to be attested for their validity. In many transactions, attestation is optional and does not determine the legal enforceability of the document. Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 clarifies the manner in which such documents may be proved in court, even if they happen to be attested.
2. Statutory Rule under Section 71
Section 71 provides that:
3. Mode of Proof
Where attestation is not compulsory, the execution of the document may be proved by:
4. Rationale of the Provision
The purpose of Section 71 is to prevent unnecessary technical obstacles in proving documents whose validity does not depend on attestation. If the law were to require strict proof through attesting witnesses even where attestation is optional, it would lead to avoidable hardship and delay in judicial proceedings.
5. Illustration
A sale deed is not a document which the law requires to be attested.
Therefore:
6. Distinction from Documents Requiring Attestation
Section 71 must be distinguished from provisions relating to documents which must be attested by law (such as wills). In such cases, attesting witnesses are essential for proof. However, Section 71 applies only where attestation is not a legal requirement.
7. Conclusion
Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 simplifies the proof of documents whose validity does not depend on attestation. Even if such documents are attested, they may be proved like ordinary documents through admissions or other competent evidence. This provision promotes procedural flexibility while ensuring substantive justice
1. Introduction
Not all documents are required by law to be attested for their validity. In many transactions, attestation is optional and does not determine the legal enforceability of the document. Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 clarifies the manner in which such documents may be proved in court, even if they happen to be attested.
2. Statutory Rule under Section 71
Section 71 provides that:
- When a document is attested but is not required by law to be attested,
- It may be proved in the same manner as an unattested document.
3. Mode of Proof
Where attestation is not compulsory, the execution of the document may be proved by:
- Admission of execution by the executant, or
- Evidence of any person who witnessed the execution, even if such person is not an attesting witness, or
- Any other legally acceptable mode of proof.
4. Rationale of the Provision
The purpose of Section 71 is to prevent unnecessary technical obstacles in proving documents whose validity does not depend on attestation. If the law were to require strict proof through attesting witnesses even where attestation is optional, it would lead to avoidable hardship and delay in judicial proceedings.
5. Illustration
A sale deed is not a document which the law requires to be attested.
Therefore:
- Its execution can be proved by any person who has personally seen the executant sign the document.
- The vendee himself may prove execution if he was present at the time of execution.
- There can be no objection merely because an attesting witness has not been examined.
6. Distinction from Documents Requiring Attestation
Section 71 must be distinguished from provisions relating to documents which must be attested by law (such as wills). In such cases, attesting witnesses are essential for proof. However, Section 71 applies only where attestation is not a legal requirement.
7. Conclusion
Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 simplifies the proof of documents whose validity does not depend on attestation. Even if such documents are attested, they may be proved like ordinary documents through admissions or other competent evidence. This provision promotes procedural flexibility while ensuring substantive justice
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