Sections 69 and 70 of the Indian Evidence Act, 1872: Proof of Attested Documents

Sections 69 and 70 form part of the rules governing proof of documents that the law requires to be attested. Section 69 provides an alternative mode of proof when an attesting witness cannot be found, while Section 70 deals with an admission of execution made by a party to the attested document.

Applicable-law note: This article explains the legal position under the Indian Evidence Act, 1872 immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. It is intended for matters in which the earlier Evidence Act remains relevant.

Section 69: Proof where no attesting witness is found

Meaning and rule. Where no attesting witness can be found, Section 69 permits proof by establishing two handwriting elements: the attestation of at least one attesting witness must be proved to be in that witness's handwriting, and the signature of the person who executed the document must be proved to be in the handwriting of that person.

The section also contained a specific reference to a document purporting to have been executed in the United Kingdom. The essential function of Section 69 is to provide a substitute method of proof when the ordinary method of calling an attesting witness is unavailable.

When Section 69 becomes relevant

Section 69 should be read with Section 68 of the Indian Evidence Act. Section 68 states the ordinary rule for proving a document required by law to be attested. Section 69 addresses the situation in which the required attesting witness cannot be found and therefore provides another evidentiary route for proving execution and attestation.

Section 70: Admission of execution by party to attested document

Meaning and rule. Under Section 70, when a party to an attested document admits that he executed it, that admission is sufficient proof of its execution against that party, even though the document is one required by law to be attested.

Effect of an admission under Section 70

The provision operates against the party making the admission. It concerns proof of execution and avoids the need, as against that admitting party, to establish execution through the ordinary attestation evidence contemplated by Section 68. The wording should not be treated as dispensing with proof against persons who have not made such an admission.

Difference between Sections 69 and 70

Section 69 is an alternative method of proving an attested document when an attesting witness cannot be found. Section 70 is based instead on the executing party's own admission. Thus, Section 69 depends on proof of handwriting, whereas Section 70 makes the admission sufficient proof of execution against the person who made it.