Code: Section 71 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)
An attested document not required by law to be attested may be proved as if it was unattested.
Explanation of Section 71 BSA
Section 71 of the Bharatiya Sakshya Adhiniyam addresses the scenario in which a document is attested, but the law does not require it to be. In such cases, despite the presence of an attestation, the document can be treated as if it were unattested when proving its authenticity or execution.
This section essentially removes the formality of attestation from the process of proving the document’s validity if the law does not mandate attestation. The attested document is treated like any other document, where other evidence can be used to prove its execution or content.
Key Points:
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Applies to documents that are attested but not required by law to be attested.
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The attestation does not serve as a special proof and is treated as an ordinary document.
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Allows for more flexible evidence in proving the document’s authenticity.
Illustration
Example:
A sale agreement between two parties is signed and attested by witnesses. However, under the relevant law, attestation is not a requirement for the sale agreement to be valid. Under Section 71, the sale agreement can be treated as if it was unattested when presented in court, and other forms of evidence (such as the signatures of the parties or the presence of witnesses) may be used to prove its authenticity.
Common Questions and Answers on Section 71 BSA
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What is the impact of Section 71 on attested documents?
If a document is attested but not required by law to be attested, Section 71 treats it as an unattested document for purposes of proof. It simplifies the process of proving such documents in court.
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Does this section apply to all attested documents?
No. It only applies to attested documents where the law does not require them to be attested. If the law requires attestation, this section does not apply.
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Does the absence of attestation affect the document’s validity?
Not necessarily. Section 71 clarifies that if attestation is not required by law, the document can still be valid and proved as if it were unattested.
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Can attested documents still be used for other purposes?
Yes. Even if a document is treated as unattested under Section 71, it can still be used for its intended purpose, and evidence can be provided through other means.
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Are there any exceptions to this rule?
Yes, this provision only applies when attestation is not required by law. If attestation is required by law, it must still be followed for the document to be legally valid.
Conclusion
Section 71 of the Bharatiya Sakshya Adhiniyam offers an important clarification in the legal treatment of attested documents. When a document is not required by law to be attested, the formalities of attestation can be bypassed in the process of proving its authenticity, thus providing a more efficient means of evidence. This allows flexibility in the judicial process while maintaining fairness and practicality.
For more details about document validity and the Bharatiya Sakshya Adhiniyam, visit ApniLaw.
