Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence
Section 68: Proof of execution of document required by law to be attested
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
A document required by law to be attested cannot be used as evidence until at least one attesting witness who is alive, within the court's reach and able to testify has been called to prove its execution.
- This is not needed for a registered document other than a will, unless its execution is specifically denied.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 68
-
Ramesh Chand (D) Thr. Lrs. v. Suresh Chand and Anr.
I) Whether the impugned documents, i.e., Agreement to Sell, General Power of Attorney, Receipt of Consideration and the registered Will, allegedly entered into by K, father of the appellant/ defendant no.1 and…
-
Gurdial Singh (Dead) Through LR v. Jagir Kaur (Dead) and Anr. Etc.
Issue arose as to whether the High Court was justified in reversing the concurrent findings of the courts below and holding the Will was vitiated due to existence of suspicious circumstances, non-mention of the…
-
Rajeev Gupta & Ors. v. Prashant Garg & Ors.
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First…
-
Rajendhiran v. Muthaiammal @ Muthayee & Ors.
Matter pertains recall of judgment of this Court on the ground that the respondents in the appeals were not served.
-
Rajendhiran v. Muthaiammal @ Muthayee & Ors.
Whether the High Court was justified in allowing the Second Appeal filed by the respondents and setting aside the concurrent judgments of the trial court and the Sub-Judge dismissing the suit of the respondents and…
- Derek A C Lobo & Ors. v. Ulric M A Lobo (Dead) by Lrs. & Ors.
-
Moturu Nalini Kanth v. Gainedi Kaliprasad (Dead,
Suit filed by the appellant (then a minor) through his guardian claiming right and title over the properties of late ‘V’, who as per his claim had adopted him, under a registered Will. Trial Court decreed the suit. High…
- Ashutosh Samanta (D) by Lrs. v. Sm. Ranjan Bala
- Veena Singh (Dead) Through Lr v. The District Registrar/Additional Collector (F/R) and Another
- Swarnalatha & Ors. v. Kalavathy & Ors.
- Murthy & Ors. v. C. Saradambal & Ors.
- V. Prabhakara v. Basavaraj K. (Dead) by Lr. & Anr.
- Rattan Singh & Ors. v. Nirmal Gill & Ors. Etc.
- V. Kalyanaswamy (D) by Lrs. & Anr. v. L. Bakthavatsalam (D) by Lrs. & Ors.
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors.
- Kavita Kanwar v. Mrs. Pamela Mehta & Ors.
- Vodafone Idea Ltd. (Earlier Known As Vodafone Mobile Services Limited) v. Assistant Commissioner of Income Tax Circle 26 (2) & Anr.
- Shivakumar & Ors. v. Sharanabasappa & Ors.
- Dhanpat v. Sheo Ram (Deceased) Through Lrs. & Ors.
- Gurcharan Singh & Ors. v. Angrez Kaur & Anr.
- Raj Kumari and Others v. Surinder Pal Sharma
- Govindbhai Chhotabhai Patel & Ors. v. Patel Ramanbhai Mathurbhai
- H. v. Nirmala & Anr. v. R. Sharmila & Anr.
- Smt. Bayanabai Kaware v. Rajendra S/O Baburao Dhote
- Om Prakash & Anr. v. Mishri Lal (Dead) Represented by His Lr. Savitri Devi
- Ramesh Verma (D) Tr. Lrs. v. Lajesh Saxena (D) by Lrs & Anr.
- Jagdish Chand Sharma v. Narain Singh Saini (Dead) Through His Lrs. & Ors.
- Om Prakash (Dead) Th. His Lrs. v. Shanti Devi & Ors.
- M.B. Ramesh (D) by Lrs. v. K.M. Veeraje Urs (D) by Lrs. & Ors.
- Union of India v. Ibrahim Uddin & Anr.
- Gopal Swaroop v. Krishna Murari Mangal & Ors.
- S.R. Srinavasa and Ors. v. S. Padmavathamma
- Balathandayutham & Anr. v. Ezhilarasan
- Yumnam Ongbi Tampha Ibemma Devi v. Yumnam Joykumar Singh & Ors.
- Syed Askari Hadi Ali Augustine Imam & Anr. v. State (Delhi Admn.) & Anr.
- Rur Singh (D) Th. Lrs. & Ors. v. Bachan Kaur
- Lalitaben Jayantilal Popat v. Pragnaben Jamnadas Kataria & Ors.
- Bharpur Singh & Ors. v. Shamsher Singh
- K. Laxmanan v. Thekkayil Padmini & Ors.
- Babu Singh & Ors. v. Ram Sahai @ Ram Singh
- Anil Kak v. Kumari Sharada Raje & Ors.
- Savithri and Ors. v. Karthyayani Amma and Ors.
- Krishnan v. Backiam and Anr.
- Apoline D' Souza v. John D Souza
- Benga Behera and Anr. v. Braja Kishore Nanda and Ors.
- Adivekka and Ors. v. Hanamavva Kom Venkatesh D by Lrs. and Anr.
- Hardev Singh v. Gurmail Singh (Dead) by Lrs.
- Niranjan Umeshchandra Joshi v. Mridula Jyoti Rao and Ors.
- B. Venkatamuni v. C.J.Yodhya Ram Singh and Ors.
- Pentakota Satyanarayana and Ors. v. Pentakota Seetharatnam and Ors.
- Meenakshiammal (Dead) Through Lrs. and Ors. v. Chandrasekaran and Anr.
- Crystal Developers Etc. Etc. v. Smt. Asha Lata Ghosh (Dead) Through Lrs. and Ors., Etc. Etc.
- Uma Devi Nambiar and Ors. v. T.C. Sidhan (Dead)
- Bhagat Ram and Anr. v. Suresh and Ors.
- M. Rangasamy v. Rengammal and Ors.
- Ramabai Padmakar Patil (D) Through Lrs. and Ors. v. Rukminibai Vishnu Vekhande and Ors.
- Janki Narayan Bhoir v. Narayan Namdeo Kadam
- Madhukar D. Shende v. Tarabai Aba Shedage
- N. Kamalam (Dead) and Anr. v. Ayyasamy and Anr.
- Rosammal Issetheenammal Fernandez (Dead) by Lrs. and Ors. v. Joosa Mariyan Fernandez and Ors.
- Ishwar Dass Jain (Dead) Through L.Rs. v. Sohan Lal (Dead) by L.Rs.
- Brij Raj Singh (Dead) by Lrs. and Ors. v. Sewak Ram and Anr.
- Nagulapati Lakshmamma v. Mupparaju Subbaiah
- Mrs. Joyce Primrose Prestor v. Miss Vera Marie Vas and Ors.
- Smt. Hans Raji v. Yasodanand
- Kashibai W/O Lachiram and Anr. v. Parwatibai W/O Lachiram and Anr.
- Khushal Chand Swarup Chand Zabak Jain v. Suresh Chandra Kanhiyalal Kochar and Anr.
- Seth Beni Chand (Since Dead) Now by L.Rs. v. Smt. Kamla Kunwar and Others
- Babu Lal Hargovindas v. State of Gujarat
- H. Venkatachala Iyengar v. B. N. Thimmajamma & Others
- Sarju Pershad v. Raja Jwaleshwari Pratap Narain Singh