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Report No. 185

Section 66

In the 69th Report (see para 30.29), it was stated in para 30.29 that no amendment is necessary in this section. We, however, recommend that in view of our proposals for amendment of section 65(1)(a) by inserting in sub clause (iii), a consequential amendment in section 66 by using the words "sub clause (i) and (ii) of clause (a)" for the words "clause (a)".

Section 67

After some discussion of section 67 (including case of registered documents), the 69th Report stated (see para 31.15) that no amendment is necessary except to add the following Explanation:

"Explanation.- In this section and in sections 68 to 73, the expressions 'execution' or 'signature' in relation to wills shall have the same meaning assigned to them under section 63 of the Indian Succession Act, 1925 and the expression 'attestation' shall mean signing or putting a mark by the attestor."

Section 67A

This section was inserted by Act 21/2000 and deals with 'proof of digital signature'. It states that except in the case of a 'secure digital signature', if the digital signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such signature is the digital signature of the subscriber must be proved. No amendment is necessary here.

Review of the Indian Evidence Act, 1872 Back

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