📌 BSA Section 71: When No Attesting Witness Can Be Found – What Then?

In legal battles, proving a document’s execution is often dependent on attesting witnesses. But what if none of them can be found or are unavailable? That’s where Section 71 of the Bharatiya Sakshya Adhiniyam (BSA) steps in.

📜 Section 71 allows for a document that requires attestation—like a will or contract—to still be legally proved even if no attesting witness is available, by other evidence. This is a critical safeguard against delays or miscarriage of justice when witnesses are dead, missing, or cannot be traced.

⚖️ Key Highlights:

Applies when attesting witnesses are dead, incapable, or untraceable.

Enables courts to accept alternate forms of proof (e.g., handwriting experts, admissions).

Protects the integrity of legal processes in document-heavy cases.

📌 Section 71 ensures that the unavailability of witnesses doesn’t block justice.

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