Indian Evidence Act, 1872
47. Opinion as to handwriting, when relevant
When the Court has to
form an opinion as to the person by whom any document was written or signed,
the opinion of any person acquainted with the handwriting of the person by whom
it is supposed to be written or signed that it was or was not written or signed
by that person, is a relevant fact.
Illustration
The question is,
whether a given letter is in the handwriting of A, merchant in London.
B is a merchant in
Calcutta, who has written letters addressed to A and received letters
purporting to be written by him. C is B’s clerk, whose duty it was to examine
and file B’s correspondence. D is B’s broker, to whom B habitually submitted
the letters purporting to be written by A for the purpose of advising with him
thereon.
The opinions of B, C
and D on the question whether the letter is in the handwriting of A are
relevant, though neither B, C and D ever saw A write.