BSA Section 98: Evidence as to document unmeaning in reference to existing facts (formerly IEA 95)

Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024

BSA 98: Evidence as to document unmeaning in reference to existing facts

From 1 July 2024

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.

Illustration.

A sells to B, by deed, "my house in Kolkata". A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.

What it replaced in the Evidence Act

BSA 98 ← IEA 95 · Evidence as to document unmeaning in reference to existing factsChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: In illustrations, " Calcutta" is replaced by "Kolkata".

Printed in both official correspondence tables (BPR&D and NCRB).

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.

Illustration A sells to B, by deed, “my house in Calcutta”.

A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.

These facts may be proved to show that the deed related to the house at Howrah.

IEA 95 on its own page →

Which one applies

Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.

Read BSA section 170 →

Judgments decided under IEA 95

They remain the law on IEA 95. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.