Law of Evidence | Updated October 2026

Section 72 Evidence Act: Proof of a Document Not Required by Law to Be Attested

Section 72 of the Indian Evidence Act, 1872 explains how to prove a document that bears attesting signatures even though the law does not require attestation. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 71.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 and replaced the Indian Evidence Act, 1872, subject to its repeal-and-savings provisions. For proceedings already pending immediately before commencement, check Section 170 of the BSA.

Text of Section 72 of the Indian Evidence Act, 1872

An attested document not required by law to be attested may be proved as if it was unattested.

This is the complete operative rule in the former Section 72. It distinguishes attestation required by law from signatures of witnesses added voluntarily.

Section 71 of the Bharatiya Sakshya Adhiniyam, 2023

Section 71 - Proof of document not required by law to be attested. The BSA retains the rule that an attested document not legally required to be attested may be proved as if it were unattested. This is the current corresponding provision for the subject of former Section 72.

Consult the enacted text through the India Code official legislation portal (search for Bharatiya Sakshya Adhiniyam, 2023, Act 47 of 2023) and the Legislative Department, Government of India.

Meaning of attestation, execution and proof

Attestation: Witnessing execution of a document and signing it in that capacity. Whether attestation is legally mandatory depends on the law governing the particular instrument.
Execution: Signing or otherwise formally completing a document with the intention of authenticating it as one's act.
Attesting witness: A person who signs to witness execution, rather than merely as a scribe, identifier or approving official.
Proof of a document: Establishing the facts required to rely on the document in evidence, including its execution and authenticity where disputed.

How Section 72 works

First determine whether any applicable law requires the document to be attested.
If attestation is not legally required, voluntary witness signatures do not by themselves impose the special requirement of calling an attesting witness.
The document may instead be proved through the ordinary evidentiary methods applicable to its nature, including proof of signature or handwriting, admissions and other admissible evidence.
The document must still satisfy any other requirements concerning relevance, admissibility, stamping, registration and authenticity.

When an attesting witness is required

Situation	General rule
Document legally required to be attested	Special proof rules apply, generally requiring at least one attesting witness when available, subject to statutory exceptions.
Document attested voluntarily, but not required by law	Section 71 BSA / former Section 72: prove it as if unattested.
Signature or execution is disputed	Ordinary rules on proving handwriting, signatures, admissions and other relevant evidence continue to apply.

For documents legally requiring attestation, see former Section 68 (proof of execution of attested documents). For an attesting witness who denies or does not remember execution, see former Section 71.

Practical illustrations

Example 1: Agreement with two voluntary witnesses

A private agreement is signed by its parties and also by two witnesses for convenience. If no law requires that particular agreement to be attested, its execution may be proved through ordinary admissible evidence without automatically calling one of those witnesses.

Example 2: A will

A will is subject to legal attestation requirements, including Section 63 of the Indian Succession Act, 1925 where applicable. It cannot be treated as an unattested document merely because the witnesses are unavailable or reluctant; the special evidence rules must be considered.

Example 3: A registered instrument

Registration and attestation are different legal requirements. Whether a registered document needs an attesting witness depends on the nature of the instrument and the applicable statutory exception; registration alone does not convert a legally required attestation into voluntary attestation.

Frequently asked questions

What does Section 72 of the Indian Evidence Act provide?

An attested document that the law does not require to be attested may be proved as though it were unattested.

What is the corresponding provision under the Bharatiya Sakshya Adhiniyam?

Section 71 of the Bharatiya Sakshya Adhiniyam, 2023 carries forward the rule on documents that are not legally required to be attested.

Must an attesting witness be called for every signed document?

No. The special attesting-witness rule generally applies where attestation is required by law; voluntary attestation alone does not trigger it.

Does voluntary attestation automatically prove a document is genuine?

No. The party relying on the document must still establish execution, authenticity and any other applicable evidentiary requirements.

This article provides general legal information. Application to a particular instrument depends on the governing statute and the facts of the case.