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

In a case reviewed by a forensic auditor, a document required by law to be attested is to be proved. The only attesting witness is called, but says he does not recollect signing as witness. The executant denies the document. Which is correct?

Execution may be proved by other evidence. Under Section 70, when the attesting witness denies or does not recollect the execution, the party relying on the document is not defeated and may establish execution through other evidence, such as handwriting or surrounding circumstances.

  1. AThe document can never be proved
  2. BIts execution may be proved by other evidenceCorrect
  3. CThe court must presume execution under Section 91
  4. DThe document may be proved as if unattested under Section 71 because the witness failed

Explanation

Section 70 says that if the attesting witness denies or does not recollect execution, execution may be proved by other evidence. Section 91 concerns documents not produced after notice, and Section 71 concerns documents not required by law to be attested, so both are inapplicable here.

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