As per Section 17 of the Indian Stamp Act, 1899, when should an instrument chargeable with duty and executed by any person in India be stamped?

Section 17 of the Indian Stamp Act, 1899 lays down a strict timing rule, requiring that all instruments chargeable with duty and executed within India must be stamped either before execution or exactly at the time of execution, not afterward. Courts have consistently held that "execution" here refers to the moment of signing, meaning stamp duty must effectively be paid at or prior to the point a party affixes their signature to the document. This provision differs from Section 18, which deals with instruments executed outside India but intended for use within the country, allowing such documents to be stamped within three months of their first receipt in India. Similarly, Section 19 carves out a special timing rule specifically for bills of exchange and promissory notes drawn outside India, requiring stamping before the first holder in India accepts, pays, endorses, or transfers the instrument. Failure to comply with Section 17's timing requirement can render the instrument insufficiently stamped, which under Section 35 generally makes it inadmissible as evidence until the deficient duty and penalty are paid.