Admission of execution by party to attested document
Section 70 of the Indian Evidence Act, 1872 deals with admission of execution by party to attested document. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.
Section 70, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 69 Admission of execution by party to attested document 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 The repealed enactment still governs what happened while it was in force.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.
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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Borra Syam Prakash vs Yallapragada Sitapati
Court's Decision & Legal Precedent
When execution of a registered mortgage deed is admitted, oral pleas of lack of consideration or third-party liability cannot prevail in the absence of corroborative documentary evidence.
On this section: Admission of execution by the party as sufficient proof.
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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… A Will must be proved in terms of the provisions of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. In the event the provisions thereof cannot be complied with, the other provisions contained therein, namely, Sections 69 and 70 of the Indian Evidence Act providing for exceptions in relation thereto would be attracted. Compliance with statutory requirements for proving an ordinary document is not sufficient, as Section 68 of the Indian Evidence Act postulates that execution must be proved by at least one of the attesting witness, if an …
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… show that there is no denial that Ex.P/2 was not the last wish of deceased Radhelal, therefore, as per the provisions of section 70 of the Indian Evidence Act, on the ground of admission it should be treated to be proved. 9. In view of this Court, the aforesaid contention has no substance. As per the provision of section 70 of the Indian Evidence Act, the document can be proved by admission if the document is duly attested. The document, Ex.P/2 is not a duly attested document as required under the law of Will. Apart from it, the learned trial court as well as the appellate court has not given any finding with regard to the legality of …
Questions about Section 70
What have the courts held on Section 70 of the Indian Evidence Act?
Borra Syam Prakash vs Yallapragada Sitapati (26 Mar 2024) is the leading judgment on this section among those set out below: Admission of execution by the party as sufficient proof.
How do I find court cases under Section 70 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 70, section 70 IEA, section 70 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 Borra Syam Prakash vs Yallapragada Sitapati (26 Mar 2024).
What should I read with Section 70 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 69 (Admission of execution by party to attested document), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 70 of the Indian Evidence Act come into force?
Section 70 of the Indian Evidence Act, cited as IEA 70, 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.