Section 67 Bharatiya Sakshya Adhiniyam, 2023: Proof of execution of document required by law to be attested

Section 67 of Bharatiya Sakshya Adhiniyam, 2023: Proof of execution of document required by law to be attested

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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:

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, unless its execution by the person by whom it purports to have been executed is specifically denied.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 67

Section 67 establishes the strict statutory mandate for proving documents required by law to be attested, declaring that such documents shall not be used as evidence until at least one attesting witness has been called to prove execution.

Attestation by Law: Applies to documents mandatorily requiring attestation (principally Wills under Section 63 of the Indian Succession Act, 1925 and Mortgages under Section 59 of the Transfer of Property Act, 1882).
Minimum Witness Rule: At least one attesting witness must be called if alive, subject to court process, and capable of giving evidence.
Proviso for Registered Deeds: Except in the case of a will, it is not necessary to call an attesting witness for a registered document unless execution is specifically denied by the executant.

Key Landmark Precedents:

Janki Narayan Bhoir v. Narayan Namdeo Kadam (2003) 2 SCC 91: The Supreme Court held that Section 68 IEA (Section 67 BSA) is mandatory; an attesting witness to a Will must testify not only that they signed, but that the testator signed in their presence and in the presence of the other attesting witness.
Babu Singh v. Ram Sahai (2008) 14 SCC 754: Affirmed that attestation requires animus attestandi (intention to attest); a scribe or sub-registrar cannot be treated as an attesting witness unless they signed specifically in that capacity.

Courtroom Practice & Strategic Litigation Guidance:

In probate and succession litigation, the deposition of the attesting witness must strictly track the statutory formula: the witness must depose that the testator signed in the witness's presence, the testator was of sound disposing mind, and the witness signed in the testator's presence.