How a signature or handwriting of a person alleged to have signed or written by him is proved.

Question: How a signature or handwriting of a person alleged to have signed or written by him is proved. [U.P.C.J. 1983, M.P.C.J. 2013, C.G.J. 2003, JHARKHAND J. 2014]

Find the answer to the mains question only on Legal Bites. [How a signature or handwriting of a person alleged to have signed or written by him is proved.]

Answer

As per section 67 of the Indian Evidence Act, If a document is alleged to be signed or to have been written by any person, the signature or handwriting of so much of the document, as is alleged to be in that person’s writing, must be proved to be in his handwriting.

Handwriting can be proved in the following ways:

1. By the evidence of the writer himself.
2. By the opinion of experts who can compare handwritings (section 46).
3. By the evidence of a person who is acquainted with the handwriting of a person by whom the writing in question is supposed to have been written and signed (section 47).
4. By the court comparing the writing or signature in question with any others proved to the satisfaction of the court to be genuine (section 73).
5. The court may direct any person present to write any words or figures to enable the court to compare them with any words or figures alleged to have been written by him

Proof of handwriting was discussed In State of U.P. v. Hari Mohan and others [AIR 2001 SC 142] the letter was written by the deceased to her father stating that she should be immediately taken back from the house of in-laws otherwise her in-laws and the husband would kill her. The handwriting of the deceased was proved by the testimony of her brother.

No effort was made by the accused to get it compared with admitted handwriting of the accused. The mere fact that the prosecution witness did not produce other letters allegedly written by the deceased, it could not be ground to say that the prosecution supported the evidence which the accused could have utilized for the purpose of comparing the handwriting of the deceased. The alleged discrepancy of overwriting on top of the letter regarding its date would not be helpful to the accused.

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