Is an attesting witness always necessary under Section 71 BSA?

No. Section 71 applies where the document is attested but the law does not require attestation. Such a document may be proved in the same manner as an unattested document.

Section 71 BSA 2023: Proof of Document Not Required by Law to Be Attested

Q: What does Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 provide?

Section 71 provides that an attested document which is not required by law to be attested may be proved as if it were unattested.

Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 deals with an attested document where the law itself does not require attestation. In that situation, the document may be proved in the same manner as an unattested document.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) came into force on July 1, 2024. Section 71 forms part of the rules relating to documentary evidence and proof of documents.

Text of Section 71 - Bharatiya Sakshya Adhiniyam, 2023

71. An attested document not required by law to be attested may be proved as if it was unattested.

The provision is short but important. It distinguishes between a document that happens to bear attestations and a document for which attestation is a legal requirement.

Meaning of Section 71 BSA

An attested document is a document on which one or more persons have signed as witnesses to its execution. Section 71 applies where such attestation exists voluntarily or as a matter of practice, but no law makes attestation a mandatory condition for that class of document.

In that situation, the mere presence of attesting signatures does not impose the special mode of proof applicable to documents that are legally required to be attested. The document can therefore be proved as though it were unattested, subject to the ordinary rules governing proof of documents, signatures, handwriting, electronic signatures and admissibility.

When does Section 71 apply?

Section 71 is relevant when both of the following features are present:

the document has in fact been attested by one or more witnesses; and
the applicable law does not require that document to be attested.

If a document is of a kind that must be attested under the applicable substantive law, the special rules governing proof of execution of documents required by law to be attested must be considered instead. See Section 67 BSA - Proof of execution of document required by law to be attested.

How may a document covered by Section 71 be proved?

Because Section 71 permits the document to be proved as if it were unattested, proof is governed by the ordinary evidentiary rules applicable to documents. Depending on the facts, relevant provisions may include proof of the document itself, proof of the signature or handwriting attributed to a person, admission of execution, or other legally admissible evidence.

For example, Section 65 BSA addresses proof of the signature and handwriting of a person alleged to have signed or written a document. The correct method of proof will depend on the nature of the document and the issue disputed before the court.

Important distinction: Section 71 does not declare every attested document automatically proved. It removes the special attestation-based mode of proof where attestation was not required by law. The party relying on the document must still satisfy the applicable rules of relevance, admissibility and proof.

Section 71 compared with nearby BSA provisions

Provision	Subject	Practical relevance
Section 67	Proof of execution of document required by law to be attested	Applies where attestation is a legal requirement.
Section 68	Proof where no attesting witness is found	Provides an alternative route where an attesting witness cannot be found.
Section 69	Admission of execution by party to attested document	Deals with the evidentiary effect of admission by a party to an attested document.
Section 70	Proof when attesting witness denies execution	Allows execution to be proved by other evidence if the attesting witness denies or does not recollect execution.
Section 71	Proof of document not required by law to be attested	Treats an attested document as unattested for proof where law did not require attestation.
Section 72	Comparison of signature, writing or seal	Deals with comparison of disputed signature, writing or seal with admitted or proved material.

Corresponding provision under the Indian Evidence Act, 1872

Section 71 BSA corresponds to Section 72 of the Indian Evidence Act, 1872, which dealt with proof of a document that was not required by law to be attested. The numbering has changed under the Bharatiya Sakshya Adhiniyam, 2023, while the core rule is substantially carried forward.

Why Section 71 matters in practice

The section prevents unnecessary evidentiary formality. A party is not compelled to prove a document through an attesting witness merely because somebody signed it as a witness when the governing law did not require attestation in the first place.

At the same time, Section 71 does not dispense with proof altogether. The execution, authorship, signature, contents or other relevant aspects of the document may still have to be established under the ordinary provisions of the BSA depending on what is disputed.

Frequently asked questions on Section 71 BSA

What is the rule under Section 71 BSA?

If a document is attested even though no law requires it to be attested, it may be proved as if it were an unattested document.

Does Section 71 apply to a document which the law requires to be attested?

No. Where attestation is required by law, the special provisions governing proof of such documents must be considered, including Section 67 and the related provisions of the BSA.

Is an attesting witness always required for a document bearing witness signatures?

No. The decisive question under Section 71 is whether the law requires that class of document to be attested. If not, the document may be proved as if it were unattested.

Which old Evidence Act provision corresponds to Section 71 BSA?

The corresponding provision was Section 72 of the Indian Evidence Act, 1872.

Official legal resources

For the authoritative statutory text and current Central Government materials, refer to the official India Code - Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs - New Criminal Laws.

Note: This page is intended as a general legal information resource. Application of evidentiary rules depends on the nature of the document, the substantive law governing it and the facts in issue.