Have to file FIR first for forging of document than only document will send FSL for examination the age of ink.
Or by civil suit to challenge the WILL.
Will Dispute - Age of Ink
We possess grounds to suspect that a signature may have been falsified in the recent year of 2023 on a document originating from 1986. Is there a scientific technique accessible for determining the authenticity of this signature, executed with a fountain pen in 2023, on a paper originating from 1986? We are interested in determining the age of the fountain pen ink on the 1986 paper, specifically the signature we suspect was created within the past 2-3 weeks, utilizing ink from a fountain pen. Does Indian Courts send document for Forensic Investigation to determine age of Ink to Government or Private Labs?
Asked 2 years ago in Property Law
Religion: Sikh
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13 Answers
But as per High Court Ruling https://nearlaw.com/PDF/MumbaiHC/2019/2019-ALL-MR-(CRI)-JOURNAL-114.html please check link age of Ink cannot be determined.
Asked 2 years ago
It has to be send to signature experts opinion the opinion is just corroborative evidence and not a substantive evidence and has less evidentiary value
Madras HC has held
A.Sivagnana Pandian V. M.Ravichandran reported in (2011) 2 MLJ (Crl) 595 and 596,
"Since various scientific avenues are available for finding out the age of the ink in a document, it must be subjected to tests as suggested by various scientists. This Court follows the ratio in the decisions in Kalyani Baskar V. M.S.Sampoornam (2007) 1 MLJ (Crl) 1020 case and T.Nagappa V. Y.R.Mudaliar (2008) 2 MLJ (Crl) 956 case above, and direct to refer the disputed document to such examination in order to provide an opportunity to the accused, when a good material is available, to rebut the presumption as per law, by non-destructive method in this regard.
2) it would be sent to govt forensic lab
Yes, courts in India can send documents for Forensics to investigate and determine age of ink.
According to the link you provided, the Rajasthan High Court in the case of Manish Singh Vs. Jeetendra Meena & Anr. ruled that there is no scientific accurate test available for determining the age of ink on a document. The court also stated that the possibility that old ink was used by a person for filling up a cheque cannot be ruled out.
But It's important to note that this is a ruling from one High Court and may not necessarily reflect the views of other courts or the current state of scientific knowledge.
In the case of A. Sivagnana Pandian v. M. Ravichandran, as documented in (2011) 2 MLJ (Crl) 595 and 596, the Madras High Court has emphasized the significance of employing various scientific techniques to ascertain the age of ink in a document. The court has proposed subjecting the document in question to tests recommended by experts in the field. This approach aligns with the court's adoption of the principles established in the cases of Kalyani Baskar v. M.S. Sampoornam (2007) 1 MLJ (Crl) 1020 and T. Nagappa v. Y.R. Mudaliar (2008) 2 MLJ (Crl) 956. The court's direction in this matter is to have the disputed document undergo examination through non-destructive methods, thereby affording the accused the opportunity to challenge any presumptions of law using credible evidence. Consequently, it is mandated that the contested document be referred to a government forensic laboratory for the application of such testing procedures. This measure ensures that a fair and well-founded assessment of the document's authenticity is carried out.
However, the central question I am eager to address concerns the existence of a laboratory in India with the capability to determine the age of ink. After extensively reviewing numerous court cases, I have not encountered any rulings that confirm the scientific establishment of the age of ink in the context of these legal proceedings. While several court cases shared in this forum indicate that courts have permitted the determination of ink age, none of the rulings indicate that the age of ink on a document has indeed been scientifically proven by any laboratory
Asked 2 years ago
Yes through expert opinion age of the ink can be deteriorating
If the Will is suspected to have been forged or fabricated, then you can file a petition before the concerned court seeking to send the document to forensic department to ascertain the age of ink.
The exact age may not be determined but that will not prevent you from taking the steps.
If you suspect the genuineness of the Will then you have no option than to obtain an opinion from government handwriting expert.
There are judgments of various high courts on the issue
you can rely upon judgments mentioned herein above
Courts have permitted determination of ink age
it is true that there are no rulings that age of inks has been scientifically proven by any laboratory
Courts have different view but no other way out.
Dear Client,
Forensic Analysis of Ink:
Forensic laboratories can analyze ink to determine certain characteristics such as its composition, color, chemical properties, and aging patterns. Techniques like Thin-Layer Chromatography (TLC), Gas Chromatography-Mass Spectrometry (GC-MS), and Fourier Transform Infrared Spectroscopy (FTIR) can be used to analyze ink samples.
Aging of Ink:
The aging of ink on paper can be influenced by factors like exposure to light, humidity, temperature, and chemical interactions. However, accurately determining the exact age of ink, especially over long periods, can be challenging.
Availability of Techniques:
Forensic analysis of ink is available in both government and private forensic laboratories in many countries, including India. However, the extent of capabilities can vary between labs.
Legal Proceedings and Forensic Evidence:
In legal proceedings, forensic evidence, including ink analysis, can be presented to the court to support a case. However, it's important to note that forensic analysis is not always definitive and might provide only probabilities or indications. The court considers all available evidence, including expert opinions, when making decisions.
Consult with Forensic Experts:
If you have concerns about the authenticity of a document or signature, you should consult with a forensic expert who specializes in ink analysis. They can provide insights into the feasibility of analyzing the ink's age and the potential significance of such analysis in your specific case.