Proof where no attesting witness found
Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proof where no attesting witness found. If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person The Act came into force on 01 Jul 2024.
If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person
Section 68, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 69 Proof where no attesting witness found Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Babu Singh vs Ram Sahai @ Ram Singh
Decided under Indian Evidence Act 69, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 69 of the Indian Evidence Act can be invoked only when it is established through proper evidence (sworn testimony, not mere counsel statements) that no attesting witness can be found, and all available court processes under Order 16 Rule 10 CPC to compel attendance have been exhausted. A bare statement made through counsel that a witness has gone abroad, without supporting evidence, without service of summons, and without any attempt to invoke coercive processes, is insufficient to trigger Section 69. The ordinary mode of proof under Section 68 requiring examination of attesting witnesses must be strictly adhered to unless and until the prerequisites for Section 69 are substantively and procedurally satisfied. Handwriting expert evidence must be based on properly proved standard signatures, not on signatures taken from documents whose authenticity is itself in question.
On this section: Provides alternative mode of proof when no attesting witness can be found; requires proof of handwriting of attestation and signature of executant; interpreted narrowly to apply only when strict procedural prerequisites are met including exhaustion of all court processes to compel witness attendance
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Therefore, the above said provision mandates examination of at least one attesting witness in proving the will if he is alive and subject to the process of court and also capable of giving evidence. [16] Section 69 of the Indian Evidence Act [now Section 68 of the Bharatiya Sakshya Adhiniyam, 2023] also stipulates that if no such attesting witness can be found, it must be proved that the attestation of the attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. Therefore, as per …
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… Both attesting witnesses namely Ashwani Kumar and Subhash Jain have categorically supported the execution of the agreement and payment of earnest money, thereby duly proving the document as per Section 68 of the Bharatiya Sakshya Adhiniyam. Minor technical objections regarding the absence of the scribe's name or stamp vendor's endorsement are inconsequential and do not affect the validity of the agreement once execution is otherwise proved through direct and reliable evidence. The plea of forgery raised by the …
Questions about Section 68
What have the courts held on Section 68 of the Bharatiya Sakshya Adhiniyam?
Babu Singh vs Ram Sahai @ Ram Singh (30 Apr 2008) is the leading judgment on this section among those set out below, though it was decided under IEA 69, which this section replaced -- the court never mentioned this Act: Provides alternative mode of proof when no attesting witness can be found; requires proof of handwriting of attestation and signature of executant; interpreted narrowly to apply only when strict procedural prerequisites are met including exhaustion of all court processes to compel witness attendance.
How do I find court cases under Section 68 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 68, section 68 BSA, section 68 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 68 bottom bracket and bsa 68/73. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Babu Singh vs Ram Sahai @ Ram Singh (30 Apr 2008).
What should I read with Section 68 of the Bharatiya Sakshya Adhiniyam, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IEA 69 (Proof where no attesting witness found), so the judgments decided under that provision are the case law on this one.
When did Section 68 of the Bharatiya Sakshya Adhiniyam come into force?
Section 68 of the Bharatiya Sakshya Adhiniyam, cited as BSA 68, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.