Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence
Section 69: Proof where no attesting witness found
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 69
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Moturu Nalini Kanth v. Gainedi Kaliprasad (Dead,
Suit filed by the appellant (then a minor) through his guardian claiming right and title over the properties of late ‘V’, who as per his claim had adopted him, under a registered Will. Trial Court decreed the suit. High…
- Ashutosh Samanta (D) by Lrs. v. Sm. Ranjan Bala
- V. Kalyanaswamy (D) by Lrs. & Anr. v. L. Bakthavatsalam (D) by Lrs. & Ors.
- Om Prakash (Dead) Th. His Lrs. v. Shanti Devi & Ors.
- Balathandayutham & Anr. v. Ezhilarasan
- Bharpur Singh & Ors. v. Shamsher Singh
- Babu Singh & Ors. v. Ram Sahai @ Ram Singh
- Brij Raj Singh (Dead) by Lrs. and Ors. v. Sewak Ram and Anr.