What Is BSA Section 99?

Bhartiya Sakshya Adhiniyam, 2023 - Section 99: Evidence as to application of language which can apply to one only of several persons

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.

Illustrations:

• (a) A agrees to sell to B, for one thousand rupees, my white horse. A has two white horses. Evidence may be given of facts which show which of them was meant.
• (b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.

Brefe Detail

Section 99 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the application of language in legal agreements when the wording could refer to one of multiple entities. It allows for the introduction of evidence to clarify the intended reference when it is ambiguous. The section includes illustrations to demonstrate its application in real scenarios, specifically regarding agreements that could pertain to one of several identified items or locations.

Question & Answers

What does Section 99 of the Bhartiya Sakshya Adhiniyam, 2023 pertain to?

It pertains to the application of language in legal agreements where the wording could refer to one of several persons or things.

When can evidence be introduced according to Section 99?

Evidence can be introduced when the language used could apply to one but not to more than one of several entities.

What is the first illustration provided in Section 99?

A agrees to sell to B, for one thousand rupees, my white horse. A has two white horses, and evidence may show which horse was meant.

What does the second illustration in Section 99 involve?

It involves A agreeing to accompany B to Ramgarh, where evidence may clarify whether Ramgarh in Rajasthan or Uttarakhand was intended.

Example

Example of Agreement Ambiguity:

A person states, I will lend you my book. If the person owns multiple copies of the same book, evidence could clarify which specific copy was meant.

Example of Location Ambiguity:

If someone says, Let's meet at the park, and there are several parks in a city, evidence might be needed to determine which park was intended.

Summary

Section 99 of the Bhartiya Sakshya Adhiniyam, 2023, clarifies how to interpret ambiguous language in legal agreements. It allows for the presentation of evidence to specify which person or thing is being referred to when the language could apply to multiple entities. This is illustrated through examples involving agreements about specific horses and locations, emphasizing the importance of clarity in legal communication.