Section 65 BSA 2023: Proof of Signature and Handwriting
Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proof of a signature or handwriting when a document is alleged to have been signed or written, wholly or partly, by a particular person.
Section 65 - Statutory text
65. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.
Meaning and scope of Section 65
The provision applies when a party relies on a document and attributes its signature or handwriting to a particular person. The relevant signature or handwritten portion cannot simply be assumed to be genuine merely because the document has been produced. Its authorship must be proved in accordance with the law of evidence.
In practical terms, Section 65 establishes the basic evidentiary requirement for proving the identity of the person who is said to have signed or written the relevant part of a document. The provision should be read with other provisions of the Bharatiya Sakshya Adhiniyam dealing with opinion evidence, proof of documents and comparison of handwriting or signatures.
How signature or handwriting may become relevantly proved
The BSA contains connected provisions that may assist the Court in deciding whether a disputed signature or handwriting belongs to the person concerned. The precise mode of proof will depend on the facts, pleadings, admissions and evidence in the particular proceeding.
- Opinion evidence: Section 41 deals with when an opinion as to handwriting and signature is relevant.
- Expert opinion: Section 39 deals generally with opinions of experts.
- Comparison by the Court: Section 72 permits comparison of a disputed signature, writing or seal with one admitted or proved to the satisfaction of the Court.
- Attested documents: Where a document is required by law to be attested, Sections 67 to 70 contain additional rules concerning proof of execution and attesting witnesses.
- Electronic signatures: Section 66 separately addresses proof of an electronic signature, except in the case of a secure electronic signature.
Important distinction
Section 65 of the BSA concerns proof of signature and handwriting. It should not be confused with Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deals with service of summons on corporate bodies, firms and societies.
Related provisions at a glance
| Provision | Subject |
|---|---|
| Section 39 | Opinions of experts |
| Section 41 | Opinion as to handwriting and signature, when relevant |
| Section 65 | Proof of signature and handwriting of person alleged to have signed or written document produced |
| Section 66 | Proof as to electronic signature |
| Sections 67 to 70 | Proof relating to documents required by law to be attested |
| Section 72 | Comparison of signature, writing or seal with others admitted or proved |
Position under the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 is Act 47 of 2023. It came into force on July 1, 2024. Section 65 now states the rule concerning proof of signature and handwriting. The corresponding subject was contained in Section 67 of the Indian Evidence Act, 1872.
Practical significance
A dispute about a signature or handwriting can arise in civil, criminal and other judicial proceedings involving contracts, receipts, acknowledgements, letters, account records, testamentary or property documents and other written material. Section 65 provides the starting rule: where authorship is alleged, the relevant signature or handwriting must be proved.
Whether the proof is sufficient is ultimately a matter for the Court on the evidence before it. The surrounding facts, admissions, witness testimony, expert or other relevant opinion evidence, and comparison permitted by law may all be material depending on the circumstances.
Read the connected BSA provisions
For the broader documentary evidence framework, also read Section 61 - Electronic or digital record, Section 62 - Special provisions as to evidence relating to electronic record, Section 63 - Admissibility of electronic records, Section 64 - Rules as to notice to produce, Section 66 - Proof as to electronic signature, Section 67 - Proof of execution of document required by law to be attested, Section 68 - Proof where no attesting witness found, Section 69 - Admission of execution by party to attested document, and Section 70 - Proof when attesting witness denies execution.
Legal note: This page provides a general explanation of the statutory provision. The admissibility and proof of a particular document depend on the facts of the case and the applicable procedural and substantive law.