Section 69 Evidence Act: Proof Where No Attesting Witness Can Be Found
Section 69 of the Indian Evidence Act, 1872 provides an alternative way of proving an attested document where an attesting witness cannot be found. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 68.
Updated: 20 October 2026 | India
Meaning of Section 69
Attestation means witnessing the execution of a document and signing it as an attesting witness with the requisite intention to attest. Executant means the person who signs or executes the document. Section 69 concerns proof of the execution of a document that the law requires to be attested when the usual attesting-witness testimony cannot be obtained.
Text of Section 69, Indian Evidence Act, 1872
"If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person."
The reference to a document executed in the United Kingdom appears in the historical 1872 provision. For present-day proceedings, the applicable text of the Bharatiya Sakshya Adhiniyam should be consulted.
Section 68, Bharatiya Sakshya Adhiniyam, 2023
Section 68 - Proof where no attesting witness found: Where no attesting witness can be found, it must be proved that the attestation of at least one attesting witness is in that witness's handwriting and that the signature of the person executing the document is in the executant's handwriting. The current provision does not retain the old special reference to the United Kingdom.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) for the enacted wording and related provisions.
What must be proved?
- Unavailability of attesting witnesses: Establish that an attesting witness cannot be found, despite appropriate efforts. Mere convenience or a preference not to summon an available witness is insufficient.
- Handwriting of an attesting witness: Prove that the attestation/signature of at least one attesting witness is in that person's handwriting.
- Signature of the executant: Independently prove that the document bears the signature or handwriting of the person said to have executed it.
Depending on the facts, evidence may include persons familiar with handwriting, admitted signatures, expert opinion, relevant records and other legally admissible material. The court evaluates authenticity, reliability and compliance with the applicable evidence rules.
Relationship with adjoining evidence provisions
| Provision | Purpose |
|---|---|
| Evidence Act Section 68 / BSA Section 67 | Ordinarily requires calling at least one available attesting witness for a document legally required to be attested, subject to the registered-document proviso. |
| Evidence Act Section 69 / BSA Section 68 | Alternative proof where no attesting witness can be found. |
| Evidence Act Section 70 / BSA Section 69 | Admission of execution by a party to an attested document. |
| Evidence Act Section 71 / BSA Section 70 | Proof by other evidence if an attesting witness denies or does not recollect execution. |
Practical examples
Example 1: Will with deceased attesting witnesses
A will is disputed, and neither attesting witness is alive or traceable. The party relying on the will may need to invoke the alternative statutory method, proving the handwriting of an attesting witness and the testator's signature. Other requirements for proving a valid will, including the applicable succession law, continue to apply.
Example 2: Attesting witness not traced
A party seeks to prove an attested instrument but cannot locate an attesting witness after genuine efforts. Evidence of the search and the required handwriting proof becomes important. Simply asserting that a witness is unavailable may not be enough.
Wills, registration and attestation
Under Section 63(c) of the Indian Succession Act, 1925, an unprivileged will ordinarily requires attestation by two or more witnesses. The evidence-law rule about calling an attesting witness and the fallback method where none can be found must be considered together. Registration of a will does not, by itself, dispense with proof of execution and attestation.
The proviso concerning registered documents in Evidence Act Section 68 (and the corresponding BSA provision) does not apply to wills. If execution of a registered non-will document is specifically denied, the need for attesting-witness proof may arise under the applicable rule.
Practical checklist for litigants and lawyers
- Identify whether the law requires the document to be attested.
- Preserve the original document and relevant registration records, if any.
- Record reasonable efforts to locate available attesting witnesses.
- Collect admissible evidence of an attesting witness's handwriting.
- Collect independent admissible proof of the executant's signature.
- Check whether the proceeding is governed by the BSA or the former Evidence Act under the savings provision.
Frequently asked questions
What is Section 69 of the Indian Evidence Act?
It provides a method to prove execution of an attested document when no attesting witness can be found, or where the document purports to have been executed in the United Kingdom.
What is the corresponding provision under the Bharatiya Sakshya Adhiniyam?
Section 68 of the Bharatiya Sakshya Adhiniyam, 2023 concerns proof where no attesting witness can be found.
Is proving the executant's signature alone sufficient?
No. Under the provision, the handwriting of at least one attesting witness in the attestation and the handwriting or signature of the executant must both be proved.
Does Section 69 replace the ordinary requirement to call an attesting witness?
No. The ordinary rule is to call an available and competent attesting witness when the law requires attestation; the alternative method applies when its statutory conditions are satisfied.
Official legislation and further reading
- Bharatiya Sakshya Adhiniyam, 2023 - official India Code text (Sections 67-70 and 170).
- India Code - Indian Evidence Act, 1872, Indian Succession Act, 1925 and Registration Act, 1908.
- Section 68 Evidence Act - proof of attested documents.
- Section 70 Evidence Act - admission of execution.
This article is general legal information, not advice on a specific case. Apply the statute and binding judicial decisions relevant to the proceeding.