Section 68 of the Evidence Act, 1872

Section 68 of the Evidence Act, 1872- Proof of execution of document required by by law to be attested.—

If a document required by law to be attested, it shall not be used as evidence until one attesting witness  at least has been  called for the purpose of proving its execution, if there be an attesting witness alive and subject to the process of the Court and capable of giving evidence:

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specially denied.

Comments

Endorsement by sub-Registrar

Endorsement by Sub-Registrar that execution has acknowledged execution before him amount to attestation;

Pentakota Satyanarayana v. Pentakotu Seetharattanam, AIR 2005 SC 4362

Scope

One of the requirements of the due execution of Will is its attestation by two or more witnesses which is mandatory. Section 68 speaks of as to how a document required by law to be attested can be proved. It flows from this section that if there be an attesting  witness alive capable of giving evidence and subject to the process of the Court, has to be necessarily examined before the  document required by law to be attested can be used in an evidence;

Janaki Narayan Bhoir v. Narayan Nandan Kadam AIR 2003 SC 761