Law4u - Made in India

What Is BSA Section 97?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 97: Exclusion of evidence against application of document to existing facts

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.

Brefe Detail

This section establishes that when a document's language is clear and it accurately describes existing facts, evidence cannot be introduced to argue that the document was meant to apply to different facts. This upholds the integrity of the document's language and intent.

Question & Answers

Q1: What does Section 97 of the Bhartiya Sakshya Adhiniyam state?

A1: It states that if the language of a document is clear and it applies to existing facts, no evidence can be presented to show that it was meant to apply to different facts.

Q2: Can evidence be introduced if the language of the document is plain?

A2: No, evidence cannot be introduced to contradict the clear language of the document regarding its application to existing facts.

Q3: What is an example given in this section?

A3: An example is provided where A sells B my estate at Rampur containing one hundred bighas, and A indeed has such an estate. Evidence cannot be introduced to claim that the estate referred to is elsewhere or of a different size.

Example

- If A sells to B an estate described as my estate at Rampur containing one hundred bighas, and A has an estate matching that description, no evidence can be introduced to suggest it was another estate.

Summary

Section 97 emphasizes the importance of the clear language used in documents. When such language accurately describes existing facts, it prevents the introduction of contradictory evidence, thereby maintaining the document's intended meaning and purpose.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ramsujan Patiram Baghel

Advocate Ramsujan Patiram Baghel

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Anil Kumar Dhariwal

Advocate Anil Kumar Dhariwal

Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Vinod Agrawal

Advocate Vinod Agrawal

Anticipatory Bail,Civil,Cheque Bounce,Motor Accident,Domestic Violence,Criminal,Supreme Court,

Get Advice
Advocate Rajat Khandelwal

Advocate Rajat Khandelwal

Anticipatory Bail, Court Marriage, Cheque Bounce, Consumer Court, Divorce, Cyber Crime, Criminal, Domestic Violence, Customs & Central Excise, Family, NCLT, Motor Accident, Recovery, Wills Trusts, Revenue, Bankruptcy & Insolvency, Civil, Banking & Finance

Get Advice
Advocate Lokenath Shaw

Advocate Lokenath Shaw

GST, Tax, Revenue, Trademark & Copyright, Banking & Finance, Corporate

Get Advice
Advocate Varinder Kumar

Advocate Varinder Kumar

Breach of Contract, Cheque Bounce, Civil, Divorce, Family, High Court, Insurance, Property, RERA

Get Advice
Advocate Ashutosh Ranjan

Advocate Ashutosh Ranjan

Motor Accident, High Court, Criminal, Breach of Contract, Anticipatory Bail

Get Advice
Advocate Bhavesh Chimanlal Patel

Advocate Bhavesh Chimanlal Patel

High Court, Anticipatory Bail, Criminal, Property, Motor Accident, R.T.I, Wills Trusts, Revenue, Recovery, Divorce, Civil, Cheque Bounce, Child Custody, Court Marriage, Corporate, Consumer Court, Cyber Crime, Documentation, Medical Negligence, Media and Entertainment, RERA

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.