Proof where no attesting witness found
Section 69 of the Indian Evidence Act, 1872 deals with proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, 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 hand writing of th The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, 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 hand writing of that person.
Section 69, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 68 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 The repealed enactment still governs what happened while it was in force.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.
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
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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… of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary." 19. In turn, Sections 68 and 69 of the Indian Evidence Act, 1872 (for brevity, 'the Evidence Act'), read as under: '68. Proof of execution of document required by law to be attested . - If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of …
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… have not been able to challenge the Will on substantially legitimate grounds and even in support of their claims of forgery or undue influence and coercion, there is no evidence forthcoming from the side of the defendants. Therefore, I am inclined to hold that the Will has been duly proved in accordance with Section 69 of the Indian Evidence Act and the plaintiffs are entitled to grant of probate. The argument regarding delay also only pales into insignificance since admittedly, the Will is a registered instrument and moreover Testator himself was alive until 2016 and within one year of his death, the OP came to be filed. A Will …
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… with the fact that Ex.B1 was produced from the proper custody and the said document is a registered document, I have no hesitation to hold that Ex.B1 – release deed is an ancient document, falling within the category of Section 90 of Indian Evidence Act besides the evidence of DW1 can be treated as sufficient under Section 69 of the Indian Evidence Act, so as to prove the signature of the attestors found in Ex.B1. > 34. Accordingly, the reason assigned by the Trial Court for accepting Ex.B1 appears to be just and proper and also found to be in consonance with the provisions of the Indian Evidence Act. Therefore, the plaintiffs cannot …
Questions about Section 69
What have the courts held on Section 69 of the Indian Evidence Act?
Babu Singh vs Ram Sahai @ Ram Singh (30 Apr 2008) is the leading judgment on this section among those set out below: 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 69 of the Indian Evidence Act?
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: IEA 69, section 69 IEA, section 69 of the Indian Evidence Act. 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 69 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 68 (Proof where no attesting witness found), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 69 of the Indian Evidence Act come into force?
Section 69 of the Indian Evidence Act, cited as IEA 69, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.