Evidence Act · Chapter VI · Of the exclusion of oral by documentary evidence

Evidence Act section 95 in the BSA

Evidence Act 95BSA 98

Evidence Act section 95, “Evidence as to document unmeaning reference to existing facts”, is now BSA section 98 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 95 to BSA 98

Now BSA section 98, with the same rule; “Calcutta” becomes “Kolkata” in the illustration.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 95 Evidence as to document unmeaning reference to existing facts

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.

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.

Bharatiya Sakshya Adhiniyam, 2023

Section 98 Evidence as to document unmeaning in reference to existing facts

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).