Hello,

there is no specific law or section which says that documents in original are to be given or as to how many samples are to be given.

However, as a practice the FSL takes the documents in original and take 3-5 samples. The reason being that the pressure points are analyzed by the hand writing expert for which original are required. Also, note that if the original signature are not there then such report filed by the expert can be challenged and also conviction can not be made solely on the basis of the report of the handwritting expert.

regards

You may though refer to the following judgment which talks about the same:

https://indiankanoon.org/doc/126411/

Regards

Hi, the signature on documents will be compared by your original signatures taken as sample for forensic analysis .. Generally 3 to 5 signatures are taken to analyse the pattern of writing .. A photocopy of a original document is admissible under the evidence act ..For Further legal assistance you can visit my office in Gurgaon ..thanks

The original document in question has to be necessarily produced before the hand-writing expert so that he may give his opinion on the same.

The law on point has been touched by the Madras High Court in the case of N. Chinnasamy v P.S. Swaminathan. relevant extract from the said case are being reproduced herein below:

"The practice of sending original document in the custody of the Court to the handwriting expert is highly objectionable and a very bad practice and under no circumstances should a court permit or allow the document to go out of its custody, as such an evil practice is attendant with various risks. The proper procedure is to allow the handwriting expert to inspect the document in the court premises itself and if necessary to permit the expert to have photographs of the same for the purpose of examination. Moreover, following these decisions, the Registrar of this Court sent a circular to the lower Courts as well as the Director of Forensic Science Department intimating that under no circumstances the court should send the documents for examination by the expert from out of its custody."

the case of N.Chinnasamy vs. P.S.Swaminathan reported in 2006(4)CTC 850. The relevant portion of the said Judgment reads as follows:-

"Evidence Act, 1872, Sections 45 and 73 - Principles regarding Examination of Documents by Handwriting Expert or other Experts - Section 73 authorises court to compare disputed signature with admitted signature and arrive at own conclusion regarding genuineness of signature but it is always safe to take aid of handwriting expert to scientifically compare such handwriting with reasons - Documents should be examined in court premises in presence of responsible officer of court and sending original document in custody of court to Handwriting Expert is bad procedure and where it is necessary to sent it to expert Application under Section 73 or 45 should be treated as Application for appointment of Commissioner and expert should be directed to conduct examination of document in presence of Commissioner and expert could be given photo copies of documents if he inspects same in court premises in presence of responsible officer of Court- Application filed belatedly is objectionable - Appellant Court could seek expert's opinion even if Trial Court had compared signature and arrived at some conclusion - When defendant disputes signatures in document relied on by plaintiff it is for plaintiff to take steps for examination of disputed signature by sending document to handwriting expert - Defendant filed written statement disputing signature in agreement and five years thereafter filed Application to send document for comparison by expert with admitted signature without referring to any document containing admitted signature - Dismissal of Application by Trial Court upheld."

in the case of Chandran Udayar vs Kasivel reported in 2008(3) CTC 31. The relevant portion of this Judgment reads as follows:-

"Evidence Act, 1872 (1 of 1872), Section 73 - Comparison of signature by Court - Permissibility - There is no legal bar to a Judge using his own eyes to compare disputed writing with admitted writing without aid of handwriting expert

- But power of Court to compare signature should be sparingly used with caution- Prudent course is to obtain opinion of expert - Then Court should compare handwriting with its own eyes for proper assessment of all evidence.

Evidence Act, 1872(1 of 1872), Section 45 - Opinion of experts - Handwriting expert - Value of expert opinion - Whether opinion of expert conclusive? Held: Opinion of handwriting expert is relevant but not conclusive - Evidence of handwriting expert is to be corroborated by other evidence - It is duty of Court to come to its own conclusion with assistance of expert opinion."

As per S.67 of the evidence act, the signature or handwriting alleged to have been signed or written should be proved.

As per S.73 of the act, the court can direct the person to write to compare the signature and writing alleged to have been written or signed and compare with the document to be proved.

It is the discretion of the judge to obtain any number of signature to his satisfaction.

The photocopy cannot be marked, however, it can be used to compare the disputed signature or writing.

The magistrate has power to compare your signature and verify the same with some signature on admitted document of yours. The said provision is under section 73 of Indian Evidence Act. Photocopy of any document is inadmissible in law. It can be tendered as evidence only through secondary evidence under provisions of evidence Act.

Please note Xerox copy of documents cannot authenticate the signature originality as such submission of such documents may make accused more vulnerable to the proceedings. Signature is verified at time of investigation by police comparing accused signature document forged and original document. But again signature strokes, ink, paper size all depends while weighing evidence.

1. Any Original document which authenticates your signature shall have to be submitted before the Court for forwarding it to the forensic department for verifying your signature in question.

2. There are ordinarily 29 curves made by a human being while writing a letter and any fake signature can easily be detected by the forensic expert when compared with the original signature.

3. the above is the methodology to detect forgery as devbeloped scientifically which is not detailed in Cr.P.C. or C.P.C.

4. The Court depends on the frrensic report to decide on the matter.

To find out the authenticity of the signature in dispute can be done by referring the disputed document either in original or the photocopy along with the other documents where the signature of the person is found, for comparison, under section 45 of the Indian evidence act, may be referred to the handwriting experts' opinion in the government forensic department.

If need be, some legible copies may be produced for effective results.