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

Evidence Act section 98 in the BSA

Evidence Act 98BSA 101

Evidence Act section 98, “Evidence as to meaning of illegible characters, etc”, is now BSA section 101 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 98 to BSA 101

Now BSA section 101, with the same rule; “provincial” expressions become “regional” ones.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 98 Evidence as to meaning of illegible characters, etc

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.

A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Bharatiya Sakshya Adhiniyam, 2023

Section 101 Evidence as to meaning of illegible characters, etc

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.

Illustration.

A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).

Sources

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