Proof of document not required by law to be attested
Section 72 of the Indian Evidence Act, 1872 deals with proof of document not required by law to be attested. An attested document not required by law to be attested may be proved as if it was unattested. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
An attested document not required by law to be attested may be proved as if it was unattested.
Section 72, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 71 Proof of document not required by law to be attested 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 The repealed enactment still governs what happened while it was in force.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.
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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… The cross-examination of the PW1 is treated as Nil as the defendant failed to cross-examine plaintiff in spite of many opportunities. Hence the evidence of the PW-1 remains unchallenged. 9. As per Section 72 of the Indian Evidence Act 1872, (Proof of document not required by law to be attested): An attesting document not required by law to be attested may be proved as if it was unattested. 10. As per the settled law, promissory note is a document which requires no attestation. 11. After the closure of the plaintiff …
Questions about Section 72
What does Section 72 of the Indian Evidence Act deal with?
Section 72 of the Indian Evidence Act is headed "Proof of document not required by law to be attested". An attested document not required by law to be attested may be proved as if it was unattested.
How do I find court cases under Section 72 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 72, section 72 IEA, section 72 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 72 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 71 (Proof of document not required by law to be attested), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 72 of the Indian Evidence Act come into force?
Section 72 of the Indian Evidence Act, cited as IEA 72, 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.