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Forged and Scanned Document Under Section 65B
Forged and Scanned Document Under Section 65B
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The query is that ” If the original is not required to be presented”, then the forged
document becomes admissible and it becomes difficult to prove the forgery. Therefore
does it put the person who is disputing the forged document in a difficult position in law
because of Section 65B?
The query is interesting. I am presenting my views on the query and be happy to receive
other views.
However if the image is of low resolution or it is presented in a print form with unclear
printing, then verification is as challenging as when we have a thumb print on paper with
smudges.
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Normally, a signature verifier refuses to provide a positive opinion unless the image is
clear enough and this will apply to a “Verifier of an image of a signature in electronic form
on a scanned document”.
In the case of a paper document, if a person produces a forged paper, the signatory is not
objecting to the content per-se but only to the signature. It is quite possible that he may
say, I am aware that this document was given to me for signature but I refused to sign.
Hence “Admission of the document” as evidence does not automatically admit the
“Signature within”.
If the document is unclear, the handwriting expert may refuse to give a conclusive proof. If
he gives a negative report and the document is section 65B certified by a person who is
not a “Trusted third party”, then the certifier needs to have a credibility of his own as
otherwise he may be charged for perjury by the Court.
A professional Section 65B certifier will not certify a doubtful document and take this risk
and a professional handwriting expert will not take the risk of a positive identification
based on unclear document.
Hence Section 65B certificate alone though makes the document admissible for trial does
not guarantee the “Genuineness” to be taken as established.
The Supreme Court in the Basheer judgement was very clear in making a distinction
between “Admissibility” and “Genuineness” and it comes in handy to protect the honest
person in the above case whose signature is forged as alleged.
Hence Section 65B does not in any way create an adverse impact in the situation.
Naavi
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