§ SECTION 67 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Proof of execution of document required by law to be attested

Where the law demands attestation, proof is stricter. Such a document cannot be used in evidence until an attesting witness is called to prove its execution — with a shortcut for registered documents (other than wills).

How to read Section 67

Attestation required → an attesting witness required.

The trigger

A document the law requires to be attested (wills, mortgages…).

The rule

Call ≥ 1 attesting witness to prove execution — if one is available.

The shortcut

Registered docs (not wills) — no witness, unless execution is specifically denied.

The bare Act

The section in its own words — the attestation rule and the registered-document proviso.

Section 67 · verbatim

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:

Proviso.—Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.

In short: some documents — a will, a mortgage, and others the law lists — must be attested (signed by witnesses). For these, mere production is not enough: the document cannot be used as evidence until at least one attesting witness has been called to prove it was duly executed, so long as an attesting witness is alive, within the Court’s process, and able to testify. The proviso relaxes this for a document (not a will) that has been registered under the Registration Act, 1908 — there, no attesting witness need be called unless the executant specifically denies execution.

→ This carries forward IEA 1872 § 68 — proof of execution of documents required to be attested.

Glossary

attestation

Witnesses signing to confirm they saw the document executed.

attesting witness

A person who witnessed the execution and signed as such.

execution

The act of making the document — signing / completing it.

required by law to be attested

Documents (e.g. a will, a mortgage) attestation is mandatory for.

Registration Act, 1908

The law under which documents are registered — triggering the proviso.

specifically denied

A precise denial of execution — not a vague or general one.

The picture

Attesting witness required — unless registered and undisputed.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The attestation ruleThe registered-doc proviso

the ruleAttested documents need an attesting witness

In one lineA document the law requires to be attested cannot be used in evidence until at least one attesting witness has been called to prove its execution — if one is alive, reachable and able.

If a document is required by law to be attested,IF the law requires attestationif a document is one the law requires to be attested (e.g. a will, a mortgage)…

it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution,call ≥ 1 attesting witness…it cannot be used in evidence until at least one attesting witness is called to prove its execution…

if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:if one is alive, reachable, able…provided such a witness is alive, within the Court’s reach, and able to give evidence.

ExampleA will must, by law, be attested. To use it in evidence you must call at least one attesting witness to prove its execution — provided one is alive and available.

✗ Not thisThis bites only on documents the law requires to be attested (wills, mortgages, etc.) — an ordinary unattested agreement is not caught. And if no attesting witness is alive or reachable, the requirement cannot be met, and execution is proved by other means.

the provisoA shortcut for registered documents

In one lineFor a registered document (other than a will), you need not call an attesting witness — unless the maker specifically denies executing it.

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will,EXCEPT registered docs (not wills)but you need not call an attesting witness for any document (except a will)…

which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908),if registered under the 1908 Act…that has been registered under the Registration Act, 1908…

unless its execution by the person by whom it purports to have been executed is specifically denied.unless execution SPECIFICALLY denied…unless the person who purportedly executed it specifically denies having done so.

ExampleA registered mortgage deed can go into evidence without calling the attesting witness — but if the mortgagor specifically denies executing it, an attesting witness must be called.

✗ Not thisThe proviso does not apply to a will — a will always needs an attesting witness (subject to the main rule) — nor where execution is specifically denied. A vague or general denial is not enough; it must be specific.

Connected provisions

§ 65

Proof of handwriting

Ordinary documents; § 67 adds a stricter rule for attested ones.

§ 68 · next

No attesting witness found

What happens when an attesting witness cannot be found — Chapter V continues.

1908 Act

Registration

A registered document (not a will) triggers the proviso’s shortcut.

lineage

IEA 1872, § 68

Carried forward — proof of execution of attested documents.