IEA Section 68: Proof of execution of document required by law to be attested
Indian Evidence Act, 1872 · Chapter 5: Documentary Evidence
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 61. Proof of contents of documents
- 62. Primary evidence
- 63. Secondary evidence
- 64. Proof of documents by primary evidence
- 65. Cases in which secondary evidence relating to documents may be given
- 65A. Special provisions as to evidence relating to electronic record
- 65B. Admissibility of electronic records
- 66. Rules as to notice to produce
- 67. Proof of signature and handwriting of person alleged to have signed or written document produced
- 67A. Proof as to digital signature
- 69. Proof where no attesting witness found
- 70. Admission of execution by party to attested document
- 71. Proof when attesting witness denies the execution
- 72. Proof of document not required by law to be attested
- 73. Comparison of signature, writing or seal with others admitted or proved
- 73A. Proof as to verification of digital signature
- 74. Public documents
- 75. Private documents
- 76. Certified copies of public documents
- 77. Proof of documents by production of certified copies
- 78. Proof of other official documents
- 79. Presumption as to genuineness of certified copies
- 80. Presumption as to documents produced as record of evidence
- 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 81A. Presumption as to Gazettes in electronic forms
- 82. Presumption as to document admissible in England without proof of seal or signature
- 83. Presumption as to maps or plans made by authority of Government
- 84. Presumption as to collections of laws and reports of decisions
- 85. Presumption as to power-of-attorney
- 85A. Presumption as to electronic agreements the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records
- 85B. Presumption as to electronic records and digital signatures
- 85C. Presumption as to [Electronic Signature Certificates]
- 86. Presumption as to certified copies of foreign judicial records
- 87. Presumption as to books, maps and charts
- 88. Presumption as to telegraphic messages
- 88A. Presumption as to electronic messages
- 89. Presumption as to due execution, etc. of documents not produced
- 90. Presumption as to documents thirty years old
- 90A. Presumption as to electronic records five years old