Meaning and Legal Basis
Handwriting refers to the written style or script produced by an individual, and it becomes legally relevant when the authenticity of a document or signature is disputed. Under the Indian Evidence Act, 1872, handwriting examination primarily falls under Section 45 (expert opinion), Section 47 (opinion of a person acquainted with handwriting), and Section 73 (comparison by the court). These provisions allow courts to determine whether a disputed writing belongs to a particular person. Handwriting becomes crucial in cases involving forgery, fraud, property transactions, negotiable instruments, and criminal conspiracies where documents form evidence. Courts consider handwriting a relevant fact because it helps establish authorship, intent, and responsibility for written statements. The law ensures that handwriting examination is reliable, scientific, and supported by corroborative evidence.
Modes and Scope of Handwriting Identification
Handwriting may be proved through three main methods: (1) Expert opinion under Section 45, where a handwriting expert compares characteristics like slant, pressure, spacing, and stroke; (2) Acquainted-person identification under Section 47, where individuals such as clerks, relatives, or colleagues who have frequently seen the person write testify; and (3) Judicial comparison under Section 73, where the judge personally compares disputed writings with admitted samples. Courts emphasize that expert opinion alone is not conclusive and must be supported by other evidence. Handwriting analysis plays a major role in verifying disputed signatures, identifying fake documents, and uncovering forged agreements. Its scope also extends to digital signatures and electronic records, complemented by Section 65B for electronic evidence.
Evidentiary Value and Limitations
Handwriting evidence is relevant and admissible, but its reliability depends on multiple factors. Expert opinion, though valuable, is considered advisory and not binding because handwriting analysis involves subjective interpretation. Courts stress that conclusions must be supported by strong reasons, scientific analysis, and corroborating evidence. Opinions of acquainted persons carry limited value because familiarity may be insufficient to detect subtle variations. Judicial comparison under Section 73 is used cautiously because judges lack technical expertise. Limitations include variations in natural handwriting, stress, illness, deliberate disguise, or long gaps between writing samples. Therefore, while handwriting evidence holds significant evidentiary value, it must be assessed holistically with supporting facts to avoid wrongful conclusions.
Real-Time Example
A dispute arises over a property sale agreement where the buyer claims that the seller signed the document, while the seller denies it. The court sends the disputed signature to a handwriting expert under Section 45, who compares it with admitted signatures from bank records. The expert concludes that the signature is forged due to differences in stroke pressure, spacing, and formation of letters. Additionally, a bank manager familiar with the seller’s signature testifies under Section 47 that the disputed signature does not match. The judge also compares the signatures under Section 73 and agrees with the findings. Together, the evidence proves forgery, protecting the seller from a fraudulent claim.
Mnemonic to Remember – “E-A-J PROOF”
E – Expert opinion (Section 45)
A – Acquainted person (Section 47)
J – Judge’s comparison (Section 73)
P – Proof of authorship of documents
R – Reliance on corroboration
O – Observations must be scientific
O – Opinion not conclusive
F – Forgery detection essential
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To gain complete clarity on handwriting evidence under the Indian Evidence Act, explore detailed legal notes, illustrations, and exam-oriented explanations on Lawgana.in. Our content simplifies Sections 45, 47, and 73 by breaking down expert opinion, acquainted-person testimony, and judicial comparison with real-world examples. Whether you’re preparing for judiciary exams, law school tests, or dealing with document-related disputes, Lawgana.in offers accurate, easy-to-understand legal learning. Strengthen your understanding of forgery detection, signature verification, and evidentiary rules through structured notes crafted for students and professionals. Visit Lawgana.in to enhance your legal preparation today.
