ashok kumar (Social Worker) 02 August 2014

Section 68 of indian evidence act in criminal trials

Applicability of Section 68 of Indian Evidence Act in Criminal Trials

Does the stipulation contained in Section 68 of the Indian Evidence Act (That is, a document which is required to be attested by Law cannt be taken in evidence if not done so) applicable to Criminal Cases also?

Specifically a Guarantee issued to a Bank by the Guarantor for some Facilities to a borrower. It was required to be attested by the Bank Officers. The Bank Officers did not do it. Later on a case is filed on the basis of this Guarantee against the borrowers that the signatures on this guarantee are forged. Can this guarantee be read in evidence (being suffering from a technical legal requirement)

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 03 August 2014

The author of the document can be testified before the court to clear the objections, if need be.

ashok kumar (Social Worker) 04 August 2014

The Court can do that but my query is different!

I have asked can the document which has not been attested be taken on record at all?? The query is not whether teh Court can seek clarification or not

Suneet Gupta (www.vashiadvocates.com) 13 August 2014

If the guarantee was not attested then it is not valid and cannot be taken on record. How can the court comment on the validity of the signatures at this stage, if they were not attested by the bank officers at the time of execution.

ashok kumar (Social Worker) 13 August 2014

Suneetji

I also attest your views but the legal point is that Sec 68 is applicable to only those documents which are required to be attested by LAW

The moot legal point is "If the guarantee was not attested then it is not valid and cannot be taken on record. How can the court comment on the validity of the signatures at this stage, if they were not attested by the bank officers at the time of execution.

If we say YES, then the question is by Which Law?"

That the Guarantee is required to be attested by practice and even rule book of Banks is a universal;ly known fact but whether it is required to be attested by Law?