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IEA, 1872
Start Practicing
IEAChapter VSection 67
Section67

Proof of signature and handwriting of person alleged to have signed or written document produced

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Summary

When a document is alleged to be signed or written by a particular person, the signature or the part said to be in that person’s handwriting must be proved to be their handwriting. This proof is required before the handwriting can be treated as belonging to that person for evidential purposes. Without proof, the claim about the handwriting will not stand on its own.

Example

Ravi signs a rent agreement, but the tenant says the signature is forged. Before the landlord can rely on that signature in court, the signature or handwriting on the agreement must be proved to be Ravi’s, for example by comparing known samples or calling a handwriting expert.

Bare Act

Enacted text

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.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 61Proof of contents of documents
  • 62Primary evidence
  • 63Secondary evidence
  • 64Proof of documents by primary evidence
  • 65Cases in which secondary evidence relating to documents may be given
  • 65ASpecial provisions as to evidence relating to electronic record
  • 65BAdmissibility of electronic records
  • 66Rules as to notice to produce
  • 67Proof of signature and handwriting of person alleged to have signed or written document produced
  • 67AProof as to digital signature
  • 68Proof of execution of document required by law to be attested
  • 69Proof where no attesting witness found
  • 70Admission of execution by party to attested document
  • 71Proof when attesting witness denies the execution
  • 72Proof of document not required by law to be attested
  • 73Comparison of signature, writing or seal with others admitted or proved
  • 73AProof as to verification of digital signature
  • 74Public documents
  • 75Private documents
  • 76Certified copies of public documents
  • 77Proof of documents by production of certified copies
  • 78Proof of other official documents
  • 79Presumption as to genuineness of certified copies
  • 80Presumption as to documents produced as record of evidence
  • 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
  • 81APresumption as to Gazettes in electronic forms
  • 82Presumption as to document admissible in England without proof of seal or signature
  • 83Presumption as to maps or plans made by authority of Government
  • 84Presumption as to collections of laws and reports of decisions
  • 85Presumption as to power-of-attorney
  • 85APresumption as to electronic agreements
  • 87Presumption as to books, maps and charts
  • 88Presumption as to telegraphic messages
  • 88APresumption as to electronic messages
  • 89Presumption as to due execution, etc. of documents not produced
  • 90Presumption as to documents thirty years old
  • 90APresumption as to electronic records five years old
Previous · Section 66Rules as to notice to produceNext · Section 67AProof as to digital signature