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

An auditor examines a lease that was witnessed by two people but which the law does not require to be attested. A party wishes to prove it in court. Under the Bharatiya Sakshya Adhiniyam, 2023, how may it be proved?

It may be proved as if it was unattested. Section 71 provides that an attested document which the law does not require to be attested can be proved like any unattested document, so the Section 67 requirement of calling an attesting witness does not apply.

  1. AOnly by calling both witnesses
  2. BOnly by calling one attesting witness under Section 67
  3. CAs if it was unattestedCorrect
  4. DIt cannot be proved because it is attested

Explanation

Section 71 says an attested document that is not required by law to be attested may be proved as if it were unattested. Section 67's witness requirement applies only to documents the law requires to be attested, so the witness-based options are wrong.

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