Section 68 of BSA : Section 68: Proof where no attesting witness found.

Explanation using Example

Example 1:

Ravi had signed a loan agreement with his friend Suresh, and the document was attested by two witnesses, Amit and Raj. Years later, a dispute arises, and Ravi claims that the document is not valid because neither Amit nor Raj can be found to testify. According to Section 68 of The Bharatiya Sakshya Adhiniyam 2023, Suresh can still prove the validity of the document by showing that the attestation by at least one of the witnesses, say Amit, is in Amit's handwriting. Additionally, Suresh must also prove that Ravi's signature on the document is indeed in Ravi's handwriting. This can be done through handwriting experts or other evidence.

Example 2:

Priya and her brother Arjun had a property agreement attested by their uncle, Mr. Sharma. After Mr. Sharma's death, a dispute arises over the property. Priya claims the agreement is invalid because the attesting witness is no longer available. Under Section 68 of The Bharatiya Sakshya Adhiniyam 2023, Arjun can validate the agreement by proving that the attestation by Mr. Sharma is in Mr. Sharma's handwriting. Additionally, Arjun must also prove that Priya's signature on the agreement is in her handwriting. This can be established through handwriting analysis or other corroborative evidence.