Section 72 of The Bharatiya Sakshya Adhiniyam, 2023 in hindi
- (1)In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose.
- (2)The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
- (3)This section applies also, with any necessary modifications, to finger impressions
Summary
- Courts may compare a disputed signature, writing, or seal against others that are already admitted or proven to be authentic.
- The comparison can be performed even if the reference material was not originally produced for the purpose of the current case.
- The Court has the authority to order any person present in the courtroom to provide a sample of their handwriting or figures for comparison.
- The provisions of this section also extend to the comparison of finger impressions.
Practical examples
FAQ
1. How can a court compare disputed signatures under Section 72 of the Bharatiya Sakshya Adhiniyam, 2023?
Under Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, the court can compare any disputed signature, writing, or seal with one that is already admitted or proved to have been written or made by that person, even if that admitted or proved sample has not been produced for any other purpose.
2. Can a judge order someone inside the courtroom to write a sample for comparison under the Bharatiya Sakshya law, Section 72?
Yes, under Section 72 of the Bharatiya Sakshya law, the Court may direct any person present in court to write any words or figures so that the Court can compare them with the words or figures alleged to have been written by that person.
3. Does Section 72 of the new evidence act of 2023 apply to fingerprints?
Yes, under Section 72 of the new evidence act of 2023, the provisions for comparing signature, writing, or seal apply also, with any necessary modifications, to finger impressions.
4. Can a document used as a comparison sample under Section 72 of the Indian evidence law, 2023, be used even if it is not relevant to any other issue in the case?
Yes, under Section 72 of the Indian evidence law, 2023, any signature, writing, or seal that is admitted or proved to have been made by the person can be compared, although it has not been produced or proved for any other purpose in the case.
Test yourself
Q1.Under Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, what is required of a signature, writing, or seal before it can be compared with a disputed one?
Q2.Under Section 72 of the Bharatiya Sakshya law, what can the Court direct a person who is present in the courtroom to do?
Q3.Under Section 72 of the new evidence act of 2023, which of the following subjects is also covered by this provision with necessary modifications?
Q4.Under Section 72 of the Indian evidence law, 2023, can the Court compare a disputed signature with a genuine one that has no other relevance to the case?
Q5.Under Section 72 of the Bharatiya Sakshya Adhiniyam, who holds the authority to compare a disputed signature, writing, or seal with an admitted or proved one?