Section 67 BSA 2023: Proof of Execution of Document Required by Law to Be Attested
Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the basic rule for proving a document that the law requires to be attested. As a general rule, at least one attesting witness must be called to prove execution when such a witness is alive, subject to the process of the Court and capable of giving evidence.
Text of Section 67 - Bharatiya Sakshya Adhiniyam, 2023
67. 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 proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.
What Section 67 Means
Section 67 deals with documents for which attestation is legally required. Where the applicable law requires a document to be attested, the document ordinarily cannot be used in evidence merely by producing it before the Court. Its execution must be proved in the manner prescribed by Section 67.
The central requirement is that at least one attesting witness should be called to prove execution, provided an attesting witness is alive, can be reached through the Court's process and is capable of giving evidence.
Essential Requirements Under Section 67
- The document must be one that is required by law to be attested.
- At least one attesting witness should ordinarily be called to prove its execution.
- The requirement applies when an attesting witness is alive, subject to the process of the Court and capable of giving evidence.
- The proviso creates an exception for certain registered documents other than wills.
- If execution of such a registered non-will document is specifically denied, proof through an attesting witness may again become necessary.
Exception for Registered Documents Other Than Wills
The proviso to Section 67 relaxes the general attesting-witness requirement for a document that has been registered under the Indian Registration Act, 1908, provided the document is not a will. In such a case, calling an attesting witness is ordinarily unnecessary unless the person by whom the document purports to have been executed specifically denies execution.
Important distinction: The statutory exception expressly excludes wills. A will therefore does not obtain the benefit of this proviso merely because it has been registered.
When an Attesting Witness Is Not Available
Section 67 should be read with the immediately following provisions. If no attesting witness can be found, Section 68 provides an alternative mode of proof. Section 69 deals with admission of execution by a party to an attested document, while Section 70 addresses the situation where an attesting witness denies or does not recollect execution.
| Provision | Subject |
|---|---|
| Section 68 | Proof where no attesting witness can be found. |
| Section 69 | Admission of execution by a party to an attested document. |
| Section 70 | Proof where an attesting witness denies or does not recollect execution. |
Practical Effect of Section 67
The provision controls the mode of proof for documents that the law requires to be attested. Before relying upon such a document in evidence, the party producing it should first identify whether attestation is legally mandatory, whether an attesting witness is available and whether the proviso for a registered non-will document applies.
Whether a particular document must be attested depends on the law governing that document. Section 67 does not itself make every document an attested document; it prescribes the evidentiary method where some other applicable law requires attestation.
Related Provisions of the BSA
Section 67 forms part of the statutory rules dealing with documentary proof. For connected issues, readers may also refer to Section 65 - proof of signature and handwriting, Section 66 - proof as to electronic signature, Section 68, Section 69 and Section 70.
Official Legal Sources
For the authoritative text and commencement information, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.
Last reviewed: 13 September 2026.