What Is BSA Section 98?

Bhartiya 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.

Brefe Detail

Section 98 of the Bhartiya Sakshya Adhiniyam, 2023, addresses situations where the language of a document appears clear but does not correspond meaningfully to the actual circumstances. In such cases, evidence can be introduced to clarify the intended meaning of the document.

Question & Answers

What does Section 98 address?

It addresses situations where the language of a document is clear but unmeaning in relation to existing facts.

Can evidence be presented to explain the peculiar use of language in a document?

Yes, evidence may be given to show that the language was used in a peculiar sense.

What is an example provided in Section 98?

An example is when A sells "my house in Kolkata" to B, but A has no house in Kolkata; instead, he has a house in Howrah.

What can be proved in the example of A and B?

It can be proved that the deed related to the house at Howrah, even though the language refers to a house in Kolkata.

Example

1. Scenario: A has a contract stating he will sell "my car" to B.

Fact: A no longer owns any car.

Evidence: A had previously owned a different car that was mistakenly thought to be the one intended in the contract.

2. Scenario: A deeds a property saying "my land in Mumbai" but has no land there.

Fact: A owns land in a nearby city.

Evidence: It may be shown that the intention was to refer to the land in the nearby city.

Summary

Section 98 of the Bhartiya Sakshya Adhiniyam, 2023, allows for the introduction of evidence to clarify the intended meaning of a document when its language is plain but does not meaningfully relate to actual facts. This ensures that intentions behind a transaction can be understood even when the wording may lead to confusion.