Proof of signature: an

analysis
THE LAW OF EVIDENCE

Vikram Choudhary
Roll No. – 14077
 Admission of document

• Admission does not mean proof; proof of document can be challenged

at the time of Arguments, appeal, revision.
• Admission of document as Evidence

Filed by either party

Produced as evidence
and becomes part of
Judicial record

Court held it to be
proved, disproved,
not proved
 Mode of
Proving
document

Executants'
Admission

By person May be proved

Attesting
acquainted with by other
Witness
Handwriting evidence
Mode of Proving Electronic
Documents
• Satisfy the same rule as of Traditional
Documentary evidence

Same as
Origin
Proponent show origin,
integrity, complete in form,
consistency

Authentication or
Identification

•
Reliability of Manner

Integrity of Security of
System System
Proof of content of Document

• Best evidence Rule

• Exhibition does not dispense with the Proof of
contents of document
• Execution does not mean signing, it must be carried
out with the definite Intention
• It must be proved by some cogent evidence
• The execution can be proved by Internal or
Circumstantial evidence
• Once a document is properly admitted, the contents
of that document are also admitted in evidence
though those contents may not be conclusive
evidence.
 Proof of Signature

• Section 47- Opinion as to Handwriting Expert,

court can refer it to expert opinion
• Comparison of signature, writing or seal with
others admitted or proved
• Power of Magistrate to order person to give
specimen signatures or handwriting
• Proof of Digital Signature- section 47-A- Digital
Signature Certificate
• Section 85-B- secured system has not been
altered