Comparison of signature, writing or seal with others admitted or proved
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Summary
When the court needs to decide whether a signature, handwriting or seal belongs to a person, it may compare the disputed mark with any signature, writing or seal shown to be that person’s, even if that sample was not produced for some other purpose. The court can also require anyone present to write words or figures in court for comparison. The same rule, with necessary changes, applies to finger impressions.
Example
Priya signs a rental agreement and the landlord claims the signature is forged. The court may compare the disputed signature with Priya’s signature on a bank form that everyone accepts as hers, even though that form was not produced earlier for this case. The court can also ask Priya to write some words in court so they can be compared. The same procedure applies to fingerprints.
Bare Act
Enacted text(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.
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