The Seal of Authenticity: Evidentiary Value of Notarised Documents

The Indian courts have long grappled with the issue of the evidentiary value of notarized documents. In a recent blog post, Homiar Nariman Vakil explores the significance of notarization in establishing authenticity and admissibility of documents in legal proceedings. The author delves into the statutory framework governing notarization and its implications for the probative value of such documents.

The Indian courts have long grappled with the issue of the evidentiary value of notarized documents. In a recent blog post, Homiar Nariman Vakil explores the significance of notarization in establishing authenticity and admissibility of documents in legal proceedings. The author delves into the statutory framework governing notarization and its implications for the probative value of such documents.

The evidentiary value of notarized documents is governed by various statutes, including the Indian Evidence Act, 1872. Section 68 of the Act provides that a document may be proved by showing that it was executed in the presence of two or more attesting witnesses, and that such witnesses have made their signatures or marks in the presence of each other. The notarization process involves verifying the identity of the person executing the document and ensuring that they are competent to do so.

The author argues that while notarization is a crucial step in establishing the authenticity of documents, it does not necessarily guarantee their admissibility in court. The Indian courts have consistently held that notarized documents must still be proved by other means before being admitted as evidence. Furthermore, the author notes that the lack of standardization in the notarization process across different states can lead to inconsistencies and challenges in the evidentiary value of such documents.

The Indian courts' approach to the evidentiary value of notarized documents is complex and multifaceted. While notarization plays a significant role in establishing authenticity, it must be considered in conjunction with other factors, including the competency of the person executing the document and the admissibility of such evidence under the relevant statutes.