IEA Section 94 is now BSA 97: Exclusion of evidence against application of document to existing facts

Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024

No changeIEA 94 → BSA 97

BPR&D's comparison records no change in the text, only a new number.

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

IEA 94: Exclusion of evidence against application of document to existing facts

Before 1 July 2024

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.

Illustration A sells to B, by deed, “my estate at Rampur containing 100 bighas”. A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

BSA 97: Exclusion of evidence against application of document to existing facts

From 1 July 2024

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.

Illustration.

A sells to B, by deed, "my estate at Rampur containing one hundred bighas". A has an estate at Rampur containing one hundred bighas.

Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

Everything BSA 97 replaced →

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 94

The provision moved without a change of substance, so what these judgments decide carries over; cite the new section alongside the old.

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.