Sections for forensic & expert test of papers and signs.

Zeeshan (Querist) 11 October 2025 This query is : Resolved
I have a pending declaration case against the son of my tenant, who has created forged documents related to the shop, including fake signatures, stamps, and other falsified details.

I now wish to send these documents for examination by a forensic and handwriting expert.

Kindly advise under which legal provisions or sections I should submit an application to the court for such forensic analysis.

Thanks

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Quick Summary

If you need to prove forged documents, including fake signatures and stamps, in a legal case, you can apply to the court for forensic examination. Section 45 of the Indian Evidence Act allows you to request an opinion from a handwriting expert. The court can also issue a commission for scientific investigation under Order 26 Rule 10A of the Civil Procedure Code, even after evidence has been presented, using its inherent powers for a just decision.

T. Kalaiselvan, Advocate (Expert) 11 October 2025
You can file a petition under section 45 of the Indian evidence act to refer the documents to obtain opinion of handwriting expert at forensic department.

Advocate Bhartesh goyal (Expert) 11 October 2025
Yes, court can send documents for it's genuineness and obtained report from FSL or any other expert under the provision of sec 45 of Indian Evidence Act.

Zeeshan (Querist) 11 October 2025
Just section 45 or more ?

Advocate Bhartesh goyal (Expert) 12 October 2025
Court can also issue a Commission for scientific investigation under order 26 rule 10 A of Civil Procedure Code.

Zeeshan (Querist) 12 October 2025
@Advocate Bhartesh goyal
Evidance are over. Can court still appoint commissioner ??

Advocate Bhartesh goyal (Expert) 12 October 2025
Yes ,court under it's inherent powers can issue Commission to investigate genuineness of document for just and proper decision even parties had led/completed their evidence.

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