Section 68 of IEA : Section 68: Proof Of Execution Of Document Required By Law To Be Attested

Explanation using Example

Imagine a scenario where Mr. Sharma is selling his property to Mr. Gupta, and the sale deed is a legally required document to be attested by witnesses. In court, Mr. Gupta claims that Mr. Sharma has not delivered the property as per the terms of the sale deed. Mr. Sharma presents the sale deed as evidence. According to Section 68 of the Indian Evidence Act, 1872, before the sale deed can be accepted as evidence, at least one of the attesting witnesses must be called to testify that they witnessed the execution of the document, provided such a witness is alive and able to testify in court.

However, if the sale deed was registered as per the Indian Registration Act, 1908, and there is no specific denial of its execution by Mr. Sharma, then calling an attesting witness may not be necessary for the deed to be admitted as evidence.