BSA Section 70 Introduction
The Bharatiya Sakshya Adhiniyam (BSA) is a new law that replaced the Indian Evidence Act, 1872. It provides rules about what kind of evidence is allowed in courts and how facts can be proved during a trial. One of the important parts of this law is BSA Section 70, which deals with how to prove a document when the attesting witness either denies signing the document or does not remember signing it.
Section 70 is very important in legal cases where signed documents are presented as evidence. Sometimes, the person who signed the document as a witness may later deny that they saw it being signed or may not remember it at all. In such cases, the law provides a way to still prove that the document was indeed signed and is genuine. This article will explain Section 70 in detail, along with examples, legal reasoning, and its importance in court.
Who Is an Attesting Witness?
An attesting witness is a person who sees someone signing a legal document and then signs it themselves to confirm that they witnessed it. For example, when someone signs a will or a contract, one or more witnesses may also sign to prove that the person signed it voluntarily and knowingly.
Attesting witnesses are important because they help confirm that the document is real and was properly signed. Their signatures help prevent forgery, cheating, or disputes later.
However, problems can arise if the witness later says that they did not see the document being signed or if they forget about it entirely.
What Does BSA Section 70 Say?
Section 70 of the Bharatiya Sakshya Adhiniyam says:
“If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.”
In simple terms, this means that even if the witness says, “I didn’t see it being signed,” or “I don’t remember anything,” the person who wants to prove the document can still do so. They just need to bring in other types of evidence to show that the document was really signed.
Why Is BSA Section 70 Important?
Section 70 is important because it ensures that a person cannot avoid their legal responsibilities just because a witness does not support the document later. If a witness refuses to confirm the signing, and there is no way to prove the document otherwise, it would cause injustice. People might misuse this to escape contracts, wills, or other important documents.
This section helps protect the truth and allows courts to rely on other kinds of proof when a witness is not helpful.
When Is BSA Section 70 Used?
This section is used in situations where:
- A document requires an attesting witness (for example, a will).
- The witness is called to court but says they did not see the person sign the document, or
- The witness says they do not remember if they saw the signing or not.
In such situations, the court allows the person relying on the document to bring other evidence to prove that it was actually signed and is genuine.
What Is “Other Evidence”?
“Other evidence” can include many different things. For example:
- Handwriting experts who can confirm that the signature is real.
- People who were present during the signing but are not official witnesses.
- Letters, emails, or recordings that mention or refer to the signing.
- Documents or actions that show the person behaved as if they had signed the document (like using the property mentioned in the will or accepting money mentioned in the contract).
The court will look at all the facts and decide if there is enough proof that the document was signed.
Examples to Understand BSA Section 70
Example 1: Will Execution
Mr. Sharma made a will before his death. Two witnesses signed the will. After his death, his children go to court to prove the will. One of the witnesses comes to court but says, “I don’t remember signing this or seeing Mr. Sharma sign it.” The second witness has passed away.
Now, under Section 70, Mr. Sharma’s children can still prove the will using other evidence — for example, showing that Mr. Sharma talked about the will with his lawyer, or that he handed out copies to relatives.
Example 2: Contract Dispute
Ms. Rao signed a contract in front of her friend, who also signed as a witness. Later, when a dispute arises, the friend says, “I didn’t see her sign this.” Ms. Rao can use other documents or communication to prove that the contract was real and accepted by both sides.
Difference Between Denial and Forgetting
There is a difference between a witness who says, “I did not see it being signed” (denial), and one who says, “I don’t remember” (forgetting).
However, Section 70 treats both cases in the same way. In both cases, the law says that other evidence can be used. This is because, either way, the witness cannot confirm the signing, and the court needs another way to find out the truth.
What Does the Court Do in These Cases?
The court has a serious responsibility under Section 70. It must carefully study the other evidence that is presented. It must decide:
- Is the evidence trustworthy?
- Does it clearly show that the document was signed by the person?
- Is the document genuine and not fake?
The judge uses logic, experience, and legal rules to make this decision. Just because a witness forgets or denies the signing does not mean the document is invalid.
How Is BSA Section 70 Different from Section 68?
Section 68 of the BSA says that if a document like a will must be attested, then at least one attesting witness must be called to prove it. Section 70 comes into play after a witness is called but is not helpful.
So, Section 68 is about calling the witness, and Section 70 is about what to do if the witness fails to prove the document.
Can BSA Section 70 Be Misused?
Yes, like many laws, there is a risk of misuse. For example:
- A dishonest person might present a fake document and claim the witness forgot.
- Someone might create false “other evidence” to support a lie.
But the court is aware of these risks. Judges check evidence carefully. If they think someone is lying or trying to cheat, they can reject the document or take legal action.
Read also: BNSS Section 33
Conclusion
Section 70 of the Bharatiya Sakshya Adhiniyam is a very useful and fair rule. It ensures that the truth can still come out, even if a witness forgets or refuses to help. It protects people from being cheated and ensures that justice is not stopped just because of a witness’s memory or behavior.
This section gives courts the power to accept other types of evidence to prove important documents. It balances the need for strict legal proof with the reality that human memory is not always perfect.
In a legal system, it is important to have such safety measures. Section 70 helps fill the gap and makes sure that genuine documents are not ignored just because a witness cannot remember the details.
