What is Section 94 BSA?

Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 requires the terms of a written contract, grant, disposition of property, or matter required by law to be in a document to be proved by the document itself. Secondary evidence of its contents can be given only where earlier provisions of the Adhiniyam allow it.

Must every letter be proved under Section 94 BSA when a contract is contained in several letters?

Yes. Explanation 1 and Illustration (a) to Section 94 BSA state that when a contract, grant, or property transfer is contained in multiple documents, all the documents containing it must be proved.

If a document has multiple originals, does Section 94 BSA require every original to be proved?

No. Explanation 2 to Section 94 BSA states that where there is more than one original, only one original needs to be proved.

Can a party give oral evidence of a payment under Section 94 BSA even if a written receipt was given?

Yes. Under Explanation 3 and Illustration (e) to Section 94 BSA, mentioning a separate fact like payment in a receipt does not stop oral evidence of that payment.

IEA 91 Is Now BSA 94: What Changed

Q: What is Section 94 BSA in IEA?

Section 91 IEA. Section 91 IEA became Section 94 BSA on 1 July 2024 without any change in wording.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	91	94
Heading	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document	Same

IEA 91 and BSA 94: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 91, IEA 1872

91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.—When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.—Wills admitted to probate in India may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2.—Where there are more originals than one, one original only need be proved. Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

BSA 2023 (in force)

Section 94, BSA 2023

94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.—When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.—Wills admitted to probate in India may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2.—Where there are more originals than one, one original only need be proved. Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations. (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

When It Applies: IEA 91 vs BSA 94

Under IEA 91

A party seeking to prove the terms of a contract, grant, or other property transfer that has been put into a written document.
A party seeking to prove any matter that the law requires to be put in a written document.
The party must prove those terms or that matter by producing the document itself, or through secondary evidence where earlier rules in the Act allow it.
A party proving a contract, grant, or property transfer spread across more than one document must prove all the documents containing it.
A party proving a document made in multiple originals needs to prove only one of the originals.

Under BSA 94

A party who wants to prove the terms of a contract, grant, or other transfer of property that has been written down in a document.
A party who wants to prove any matter that the law requires to be recorded in a document.
The party has to produce the original document itself, or give secondary evidence of its contents when earlier provisions of the Adhiniyam permit it.
When the contract, grant, or transfer of property is spread across multiple documents, the party must prove every document that holds the terms.
When a document is executed in more than one original, the party only needs to prove one original.

What IEA 91 to BSA 94 Means in Practice

Section 91 IEA became Section 94 BSA on 1 July 2024 without any change in wording. The exact same rule requiring written contracts, grants, property transfers, and legally mandated documents to be proved through the document itself or permitted secondary evidence continues to apply. Parties and witnesses should cite Section 94 BSA for matters governed by the Adhiniyam.

IEA 91 to BSA 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

IEA 91 to BSA 94 at a Glance

What Changed From IEA 91 to BSA 94?

IEA 91 vs BSA 94: Comparison Table

IEA 91 and BSA 94: Bare Act Text Side by Side

When It Applies: IEA 91 vs BSA 94

What IEA 91 to BSA 94 Means in Practice