Bharatiya Sakshya Adhiniyam, 2023
Section 65
Proof of signature and handwriting of person alleged to have signed or written document
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.
Why this exists
Documents are only as trustworthy as the proof that they were actually made by the person claimed. This rule exists so that courts don't simply accept a document at face value just because a name appears on it or handwriting looks similar. It sets the basic evidentiary burden that authorship or signing must be established through evidence, preventing fraud, forgery, and false attribution from going unchallenged.
How courts read it
Indian courts, under the corresponding provision in the earlier Evidence Act (Section 67), have consistently held that mere production of a document is not enough — the person relying on it must lead evidence (such as testimony of the signatory, a witness who saw the signing, or expert comparison of handwriting) to prove authorship. Courts have also allowed comparison of disputed signatures with admitted ones, and have accepted expert opinion evidence (read with related provisions on expert testimony) as one method of proof, while cautioning that expert opinion alone is rarely conclusive and must be weighed with other evidence.
Common misconceptions
- Myth: If a document has someone's name or signature on it, that alone proves they signed it.
Fact: The law requires actual proof — through witnesses, comparison, or expert evidence — that the signature or handwriting belongs to that person; a name or signature alone isn't automatic proof. - Myth: Only a handwriting expert can prove whether a signature is genuine.
Fact: Courts have accepted various forms of proof, including eyewitness testimony of the signing or comparison with admitted handwriting, not just expert opinion.