BSA Section 99: Evidence as to application of language which can apply to one only of several persons (formerly IEA 96)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 99: Evidence as to application of language which can apply to one only of several persons
From 1 July 2024
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.
Illustrations.
(a) A agrees to sell to B, for one thousand rupees, "my white horse".
A has two white horses. Evidence may be given of facts which show which of them was meant.
(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.
What it replaced in the Evidence Act
BSA 99 ← IEA 96 · Evidence as to application of language which can apply to one only of several personsChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: In illustrations, "Haidarabad", "Haidarabad in Dekkan" and "Haidarabad in sindh" are replaced by "Ramgarh" , "Ramgarh in Rajasthan" and "Ramgarh in Uttarakhand" respectively.
Printed in both official correspondence tables (BPR&D and NCRB).
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.
Illustrations
(a) A agrees to sell to B, for Rs. 1,000, “my white horse”. A has two white horses. Evidence may be give of facts which show which of them was meant.
(b) A agrees to accompany B to Haidarabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haiderabad in Sind was meant.
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 96
They remain the law on IEA 96. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 9.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 19.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
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.