Section 69 – Bharatiya Sakshya Adhiniyam (BSA) – Admission Of Execution By Party To Attested Document.

Code: Section 69 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)

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.

Explanation of Section 69 BSA

Section 69 of the Bharatiya Sakshya Adhiniyam deals with a simplified method of proving the execution of an attested document. It provides that if a person who is a party to an attested document admits that they executed the document, then that admission alone is enough to prove the document’s execution as against them—even if the law requires the document to be attested.

This section serves as an exception to Section 67, which generally requires an attesting witness to be called to prove an attested document. If the party against whom the document is being used acknowledges its execution, then no further proof or witness testimony is needed in that specific context.

This provision saves time and resources in legal proceedings by allowing an admitted fact to be accepted without requiring formal proof.

Key Points:

• Applies only to the party who admits to executing the document.

• The document must be attested, but witness testimony is not required if execution is admitted.

• The admission must clearly relate to the act of executing the document.

Illustration

Example:

A person signs a mortgage deed, which by law must be attested. During a court case, that person admits that they signed the deed. Under Section 69, this admission is sufficient to prove the document’s execution against that person. The other party does not need to call an attesting witness to prove execution.

However, if the same deed is being enforced against another person who has not admitted to signing it, proof under Section 67 or 68 would still be required for that individual.

Common Questions and Answers on Section 69 BSA

1. What is meant by “execution” of a document? Execution refers to the act of signing or completing a document in a legally valid manner.

2. Does this section apply if the party denies executing the document? No. Section 69 applies only when the party clearly admits to executing the document.

3. Is an attesting witness needed if execution is admitted? No. The admission of execution by the party is enough; calling an attesting witness is not necessary in that case.

4. Does this admission apply to all parties involved in the document? No. It applies only to the party who made the admission. For other parties, proof may still be required under Sections 67 or 68.

5. Is oral admission enough? Yes, if the admission is clear, unambiguous, and made before the court or established by evidence.

Conclusion

Section 69 of the Bharatiya Sakshya Adhiniyam simplifies the evidentiary process in cases involving attested documents. By allowing the admission of execution by a party to stand as sufficient proof, the law promotes judicial efficiency and reduces unnecessary procedural delays. However, this provision is limited in scope and applies only to the admitting party.

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