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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A lender sues on an attested loan agreement required by law to be attested. The only attesting witness is called under Section 67 but says he does not recollect signing as witness or seeing execution. Which course is correct under the Bharatiya Sakshya Adhiniyam, 2023?

Execution may be proved by other evidence. Section 70 provides that when the attesting witness denies or does not recollect execution, the party need not fail; the document's execution can be established through other evidence. Section 91 presumption concerns unproduced documents, not this case.

  1. AThe document is permanently inadmissible
  2. BExecution may be proved by other evidenceCorrect
  3. CExecution is deemed admitted by the executant
  4. DThe court must presume execution under Section 91

Explanation

Section 70 states that if the attesting witness denies or does not recollect execution, execution may be proved by other evidence. Section 91 is wrong because it applies to documents called for and not produced after notice, whereas here the document is being produced. Inadmissibility does not follow.

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