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Forged MoU given in evidence against us.
24-Jul-2025 (In Breach of Contract Law)
our opponent has provided a photocopy of a forged MoU before the court and claimed that the original is with us while no such MoU was signed between us. How can we prove this photocopy as wrong and our signature in it as forged in court? For forensic investigation original copy is always required or photocopy can also be tested by forensic expert to prove it as forged? Please help
If the opponent has submitted only a photocopy, you can strongly object to its admissibility under the Indian Evidence Act. A photocopy is secondary evidence and cannot be admitted unless the original is proved to be unavailable for justifiable reasons. You should file an application under Section 45 of the Evidence Act seeking forensic examination of the signature to determine forgery. The court may direct the other party to produce the original. If they fail, adverse inference can be drawn. Handwriting/signature experts can still examine the photocopy for signs of tampering, cut-paste, or disproportion. Also, file a complaint under IPC Sections 465/468/471 for use of forged document. Keep your own handwriting specimen ready for comparison. Deny the execution categorically in your pleadings and cross-examine the witness on fabrication.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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