PROVISIONS OF INDIAN EVIDENCE ACT 1872 W.R.T.

HANDWRITING AND
SIGNATURE

Diptendu Sirkar BA.LLB. Roll no. 036

Hand writing is an individual characteristic. Handwriting is unique to each person. According

to the handwriting analysts, people could have very few handwriting characteristics that are
the same but likelihood of having any more than that is impossible. The similarities, as few as
they are, can be due to the style characteristics that we were taught when we were learning
handwriting in schools. Thus, handwriting can also be chalked up to be as unique as a
fingerprint.

Handwriting analysis falls into the questioned documents section of forensic science. It is a
pattern based science that examines significant repeated handwriting characteristics in
questioned writing comparing and evaluating these characteristics in the known writing. Such
documents are examined by expert questioned documents examiners or QDEs. QDEs look
for forgeries and alterations and make comparisons. Handwriting analysis is looking for small
details and differences between the writing of a sample where the writer is known and a
writing sample where the writer is unknown. Instead of looking for the similarities, the QDEs
look for differences, as it is the difference that determines if the concerned document is a
forgery. QDE looks at three main things while analyzing: letter form, line form, formatting.

Letter form: includes curves, slants, and proportion size of letters, slope of writing and the
use and appearance of connecting links between letters.

Line Form: includes how smooth and dark lines are, indicating the amount of pressure
applied by the writer and the speed of writing.

Formatting: includes the spacing between the letters, the spacing between words, the
placement of words on line and the margins a writer leaves empty on a page. It also considers
spacing between the lines. They check if strokes from words on one line intersect with
strokes in words on the line below and above it and such details.

Content such as grammar, punctuations, phrasing, and spelling should also be looked at. One
problem that arises during the analysis is simulation. Simulation is the attempt to disguise
one’s handwriting or the active copy of another’s.

When the court has to form an opinion upon a point of foreign law, art, science, to identify
handwriting or fingerprints, the opinion of experts in respective fields will be relevant upon
such aforementioned points. This provision under the head of “expert opinion” is laid down
under Section 45 of the Indian Evidence Act 1872. The opinion of an expert witness on
technical aspects has relevance but the opinion has to be based upon specialized knowledge
and backed by acceptable data. Expert witness is one who has devoted time and study to a
special branch of learning and thus is especially skilled on those points on which he is asked
to state his opinion.
The science of handwriting is not considered as exact science and great care and caution is
exercised by the court while determining the genuineness of handwriting. A handwriting
expert can only certify the probability and not a 100% certainty. It is necessary for the
admission of the evidence of a handwriting expert, that the writing with which the
comparison is made should be admitted or proved beyond doubt to be that of the person
alleged and the comparisons should be made in open court in the presence of such person.
The evidence of the handwriting expert is only an opinion evidence and not conclusive,
cannot be relied upon unless corroborated by clear direct evidence or by strong circumstantial
evidence.

The relevancy of handwriting evidence is laid down in Section 47 of the Act. When the court
has to form an opinion as to handwriting of any person, the opinion of a person acquainted
with the handwriting of such person is admissible in evidence. The handwriting of a person
may be proved in the following ways:

1. By the evidence of the writer himself

2. By the evidence of a person who has seen the person, whose handwriting is in
question, write
3. By the evidence of a person who is acquainted with such writing either by receiving
letters purporting to be written by the person or documents written by such person
have been habitually submitted to him. (A wife can be regarded as a person
acquainted with the handwriting of her husband).
4. By the evidence of an expert in comparing handwriting
5. By the court comparing the document in question with any other proved to the
satisfaction of the court to be genuine
6. 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, figures so written with the words
alleged to have been written by such person.

Section 73 specifically empowers the court to compare the disputed writings with the
specimen or admitted writings shown to be genuine, prudence demands that the court should
be extremely slow in venturing an opinion on the basis of mere comparison, particularly
when the quality of evidence in respect of specimen or admitted writings is not of high
standard or is not beyond doubt. However, the court cannot take specimen handwriting at the
stage of investigation. There must be a case before it.