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

In a forgery case, a forensic auditor must prove a document that the law requires to be attested, and it is not a will. The document was registered under the Indian Registration Act, 1908, and the signatory does not specifically deny executing it. An attesting witness is alive and available. What is the position under the Adhiniyam?

Calling an attesting witness is not necessary. The general rule demands one, but the proviso exempts a registered document that is not a will, unless the person who purportedly executed it specifically denies execution. Here there is no specific denial, so the exemption applies.

  1. AAn attesting witness must still be called, because the document requires attestation
  2. BCalling an attesting witness is not necessary, since the registered non-will document's execution is not specifically deniedCorrect
  3. CThe document is inadmissible in all cases unless a handwriting expert is called
  4. DAn attesting witness is needed only if the document is unregistered and a will

Explanation

The general rule requires at least one living, available attesting witness to prove execution. The proviso excepts documents, not being wills, registered under the Registration Act, 1908, unless execution is specifically denied by the person who purportedly executed them. Here it is registered, not a will and not specifically denied, so the exception applies. The first option ignores the proviso.

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