Section 47 of IEA : Section 47: Opinion As To Handwriting, When Relevant

The Indian Evidence Act, 1872 - Old Version

  • PART I: RELEVANCY OF FACTS
  • OPINIONS OF THIRD PERSONS WHEN RELEVANT

When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

Explanation - A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Illustration - The question is, whether a given letter is in the handwriting of A, a merchant in London. B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk whose duty was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon. The opinions of B, C, and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C, nor D ever saw A write.

Simplified Act

If a court needs to decide who wrote or signed a document, it can consider the opinion of someone who is familiar with the handwriting of the person who is thought to have written or signed it. This person's opinion on whether or not that specific individual wrote or signe...

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Explanation using Example

Imagine a scenario where there is a dispute over the authenticity of a signed contract that is crucial in a business lawsuit. The contract appears to be signed by Mr. Sharma, a well-known businessman. The court needs to determine if the signature...

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