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Section 67 – Proof of execution of document required by law to be attested

The Bharatiya Sakshya Adhiniyam, 2023

ARRANGEMENT OF SECTIONS

PART III: ON PROOF

CHAPTER V: OF DOCUMENTARY EVIDENCE

Section 67: Proof of execution of document required by law to be attested.

Bare Act

If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.

Simplified Act and examples below are previews.

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Simplified Act

  1. If a document needs to be witnessed by law, it cannot be used as evidence in court

Explanation using examples

Example 1:

Ravi wants to sell his house to Suresh. According to Indian law, the sale deed must be attested by two witnesses. Ravi and Suresh sign the sale deed in the presence