Section 72 of BSA : Section 72: Comparison of signature, writing or seal with others admitted or proved.

Explanation using Example

Example 1:

Scenario: A property dispute case where the authenticity of a signature on a sale deed is questioned.

Details:

• Mr. Sharma claims that he never signed the sale deed transferring his property to Mr. Verma.
• Mr. Verma presents the sale deed in court, which bears Mr. Sharma's signature.
• Mr. Sharma's lawyer argues that the signature is forged.

Application of Section 72:

• The court asks Mr. Sharma to provide samples of his signature from other documents, such as his passport, bank records, and previous legal documents, which are admitted or proved to be his.
• The court compares these admitted signatures with the signature on the disputed sale deed.
• Additionally, the court may ask Mr. Sharma to sign his name in the courtroom to further compare the handwriting.
• Based on the comparison, the court determines whether the signature on the sale deed is genuine or forged.

Example 2:

Scenario: A criminal case involving a forged cheque.

Details:

• Ms. Gupta is accused of forging Mr. Khan's signature on a cheque to withdraw money from his bank account.
• Mr. Khan denies signing the cheque and claims it is a forgery.

Application of Section 72:

• The court requests Mr. Khan to provide samples of his signature from various documents, such as his driving license, previous cheques, and official correspondence, which are admitted or proved to be his.
• The court compares these admitted signatures with the signature on the disputed cheque.
• The court may also ask Mr. Khan to write his signature in the courtroom for further comparison.
• Additionally, if there are any seals or stamps on the cheque, the court may compare them with other admitted seals or stamps used by Mr. Khan.
• Based on the comparison, the court decides whether the signature on the cheque is forged.

Example 3:

Scenario: A case involving disputed handwritten notes in a will.

Details:

• After Mr. Desai's death, a will is presented in court that includes handwritten notes allegedly made by Mr. Desai, altering the distribution of his assets.
• Mr. Desai's family members contest the authenticity of the handwritten notes, claiming they were not written by him.

Application of Section 72:

• The court asks for samples of Mr. Desai's handwriting from other documents, such as letters, diaries, and previous legal documents, which are admitted or proved to be his.
• The court compares these admitted handwriting samples with the handwriting in the disputed notes.
• The court may also direct any person present in court, who is familiar with Mr. Desai's handwriting, to write similar notes for comparison.
• Based on the comparison, the court determines whether the handwritten notes in the will were indeed written by Mr. Desai.

Example 4:

Scenario: A case involving disputed fingerprints on a contract.

Details:

• A business contract is presented in court with fingerprints alleged to be those of Mr. Patel.
• Mr. Patel denies placing his fingerprints on the contract and claims they are forged.

Application of Section 72:

• The court requests Mr. Patel to provide his fingerprints for comparison.
• The court compares the admitted fingerprints with the fingerprints on the disputed contract.
• The court may also direct Mr. Patel to place his fingerprints in the courtroom for further comparison.
• Based on the comparison, the court decides whether the fingerprints on the contract are genuine or forged.