Section 73 of the Evidence Act, 1872

Section 73 of the Evidence Act, 1872—Comparison of signature, writing or seal with others admitted or proved.—

In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose.

The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.

This section applies also, with any necessary modifications, to finger impressions.

COMMENTS

Power of the Court

(i)                The Court is entitled to make comparison of disputed and admitted signature for juse conclusion as a rule of prudence expert opinion can be obtained. Reasons necessary to reach conclusion;

Ashok Kumar Uttam Chand Shah v. Patel Mohmad Asmal Chanchad, AIR 1999 Guj 108.

 

(ii)             It is within jurisprudence of Court to instruct a party to submit his writing or signature, enabling Court to compare and decide a case, if the instructions are not followed. Court is free to presume what is closer to the justice;

Shyam Sunder Chaukhani v. kajal Kanti Biswas, AIR 1999 Gau 101.

(iii)           It is not open for the Court to compare a handwriting and /or a signature of its own, services of experts are liable to be taken for this purpose;

Shyam Sundar Chowkhani v.Kajalkanti Biswas, AIR 1999 SC Gaun101.

(iv)           Under the law the Court has power to compare signatures/handwriting strengthening its finding based on other cogent material and evidence on record;

 Satish Jayanthilal Shah v. Punkaj Masruwala, (1997) 2 Crimes 203 (Guj).