In disputes about signatures, handwriting and finger impressions, the opinion of a forensic expert is frequently the decisive evidence. This guide summarises how such evidence is treated by the courts in India.
Statutory basis
- Section 45, Indian Evidence Act, 1872 — when the Court has to form an opinion as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such questions are relevant facts.
- Section 39, Bharatiya Sakshya Adhiniyam, 2023 — the corresponding provision under the new law, in force from 1 July 2024.
- The Court may also itself compare a disputed writing with writing admitted or proved to be genuine, and may direct a person present in court to write words or figures for that purpose (Section 73 of the Indian Evidence Act, 1872, and the corresponding provision of the Bharatiya Sakshya Adhiniyam, 2023).
How the courts weigh expert evidence
- The expert’s opinion is relevant, but not conclusive; the decision on genuineness rests with the Court.
- The value of the opinion lies in its reasons — the characteristics observed, the method followed, and the illustrations that support it.
- The expert may be examined and cross-examined on qualifications, on the material examined and on the reasoning.
- The opinion is weighed together with all the other evidence on record.
Practical points for litigants and counsel
- Obtain the opinion early — before the evidence stage, and ideally before pleadings are finalised.
- Secure reliable admitted signatures, made before the dispute arose, wherever possible.
- Where specimens are to be taken in court, they may be taken under the Court’s direction.
- If the opposite party has filed an expert report, a second opinion and preparation for the cross-examination of that expert may be sought.
- In criminal matters, an opinion may form the basis of a complaint or F.I.R. relating to forgery.
This guide is general information about the law of evidence, not legal advice. The provisions that apply depend on the facts and the date of the proceedings; please consult your advocate on your particular matter.