Section 69 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 69 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 69: Admission of Execution by Party to Attested Document
Text of Section 69:
The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.
๐ง Meaning and Scope
Section 69 addresses the admissibility of an attested document in legal proceedings. An attested document is one that has been signed by one or more witnesses in the presence of the person executing the document.
This section states that if a party to an attested document admits in court that they executed (signed) the document, this admission serves as sufficient proof of the document's execution by that party. This holds true even if the document is one that is required by law to be attested.
In essence, the party's admission eliminates the need for additional evidence to prove that they executed the document
โ๏ธ Practical Implications
Simplification of Proof: When a party admits to executing an attested document, it simplifies the legal process by removing the necessity to produce attesting witnesses or other evidence to prove execution.
Binding Admission: Such an admission is binding on the party, meaning they cannot later deny having executed the document.
Applicability: This provision applies to all attested documents, including contracts, wills, and deeds, provided the party admits to their execution.
๐งพ Example
Suppose Ravi and Suresh enter into a contract where Ravi agrees to sell his house to Suresh. The contract is a written document that requires attestation by law. Ravi signs the document in the presence of two witnesses, who also sign as attesting witnesses. Later, Suresh claims that Ravi did not execute the document properly. However, Ravi admits in court that he did sign the document in the presence of the witnesses. According to Section 69, Ravi's admission serves as sufficient proof of the document's execution by him, even though the document required attestation by law.
๐ Summary
Section 69 of the Bharatiya Sakshya Adhiniyam, 2023, streamlines the process of proving the execution of attested documents by allowing a party's admission of execution to serve as conclusive evidence. This provision enhances efficiency in legal proceedings by reducing the need for additional proof when the execution of a document is admitted by the executing party.
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