Section 71 Bharatiya Sakshya Adhiniyam, 2023: Proof of document not required by law to be attested

Section 71 of Bharatiya Sakshya Adhiniyam, 2023: Proof of document not required by law to be attested

Official Bare Act Text

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

An attested document not required by law to be attested may be proved as if it was unattested.

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

Court Sec 2(1)(a) Document Sec 2(1)(b) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 71

Section 71 provides that an attested document not required by law to be attested may be proved as if it were unattested, establishing that voluntary attestation does not impose unnecessary evidentiary burdens.

Voluntary Attestation: Applies to commercial contracts, partnership deeds, bonds, and receipts that carry witness signatures but are not mandatorily attestable by statute.
Exemption from Section 67: The propounder is not required to call any attesting witness; proof of the executant's signature under Section 65 suffices.
Commercial Facilitation: Ensures that routine commercial agreements are not delayed by formalities reserved for wills and mortgages.

Key Landmark Precedents:

Ram Samujh v. State (AIR 1968 All 140): Held that where an instrument does not require statutory attestation, the presence of witness signatures does not bring it under Section 68 IEA; proof of execution by the maker is sufficient under Section 72 IEA (Section 71 BSA).
Govindram v. Savitri Devi (AIR 1987 Del 341): Affirmed that an agreement to sell immovable property is not required by law to be attested; execution can be proved through any competent witness.

Courtroom Practice & Strategic Litigation Guidance:

In suits for specific performance of contract or recovery of money under loan agreements, do not waste trial time trying to locate attesting witnesses; prove the defendant's signature directly through the transaction manager under Section 71.