Section 71 of IEA : Section 71: Proof When Attesting Witness Denies The Execution

Explanation using Example

Imagine John is in a court dispute over a property sale agreement he signed two years ago. The document was attested by a witness, Mike. During the trial, Mike is called to the stand but he states that he does not remember witnessing the signature of John on the agreement. According to Section 71 of The Indian Evidence Act, 1872, even though the attesting witness (Mike) does not recollect the event, John can still prove the execution of the document by presenting other evidence. This could include CCTV footage showing Mike witnessing the signing, or a statement from another person who was present at the time of signing.