Proof when attesting witness denies execution
Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proof when attesting witness denies execution. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence. The Act came into force on 01 Jul 2024.
If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
Section 70, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 71 Proof when attesting witness denies the execution Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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 71, 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: Related provision regarding when attesting witness is produced but denies or fails to prove execution; distinguished from Section 69 scenario where witness is not produced at all
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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… I heard the learned counsel for the appellant, Sri.M. Narendra Kumar, and the learned counsel for the respondent, Sri. 2025:KER:29767 Varghese Prem. 10. The learned counsel for the appellant argued that the defendants could prove the execution of Ext.B2 Will with the aid of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) corresponding to Section 71 of the Indian Evidence Act, 1872 with other evidence since both the attesting witnesses namely, DWs 2 and 3 denied the execution of Ext.B2 Will. The learned counsel contended that since DW2 and DW3 denied the execution of Ext.B2 Will, the …
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… It is the contention of learned counsel Sri Shriharsh A. Neelopant appearing for the petitioners that whenever anyone propounds a Will, the said Will has to be established in the manner known to law satisfying the requirement of Sections 67, 68 and 70 of the Bharatiya Sakshya Adhiniyam, 2023 (for short, 'the BSA, 2023'). He submits that unless the said Will stands test of law and is so established and necessary relief in regard thereto is sought for the Will could not have been accepted by the trial Court and the applicant could not have been treated as a Legatee …
Questions about Section 70
What have the courts held on Section 70 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 71, which this section replaced -- the court never mentioned this Act: Related provision regarding when attesting witness is produced but denies or fails to prove execution; distinguished from Section 69 scenario where witness is not produced at all.
How do I find court cases under Section 70 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 70, section 70 BSA, section 70 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 70s bsa motorcycle and 70 bsa lightning. 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 70 of the Bharatiya Sakshya Adhiniyam, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IEA 71 (Proof when attesting witness denies the execution), so the judgments decided under that provision are the case law on this one.
When did Section 70 of the Bharatiya Sakshya Adhiniyam come into force?
Section 70 of the Bharatiya Sakshya Adhiniyam, cited as BSA 70, 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 14 Oct 2026. This page is not a substitute for legal advice.