What is Section 96 BSA?

Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that bars giving evidence to explain or fix a document whose language is ambiguous or defective on its face. When the uncertainty or defect is obvious from the document itself, no party can give evidence of facts to show its meaning or supply its missing parts.

Can a party give evidence to show how blank spaces in a deed were meant to be filled under Section 96 BSA?

No. When a deed contains blanks, Section 96 BSA stops any party from giving evidence of facts to show what was meant to go into those blanks.

Can evidence be given to prove which price was intended if a written sale contract lists one lakh rupees or alternatively one lakh fifty thousand rupees?

No. Under Section 96 BSA, when a written contract lists alternative prices of one lakh rupees and one lakh fifty thousand rupees without fixing which applies, evidence cannot be given to prove which price was meant.

What is Section 96 BSA in IEA?

Section 96 BSA corresponds to Section 93 IEA, which it replaced on 1 July 2024. There is no substantive change to the legal rule, and only the sums in the illustration were updated.

IEA 93 Is Now BSA 96: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	93	96
Heading	Exclusion of evidence to explain or amend ambiguous document	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

Heading

Exclusion of evidence to explain or amend ambiguous document

Same

IEA 93 and BSA 96: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 93, IEA 1872

93. Exclusion of evidence to explain or amend ambiguous document.—When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations (a) A agrees, in writing, to sell a horse to B for “Rs. 1,000 or Rs. 1,500”. Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

BSA 2023 (in force)

Section 96, BSA 2023

96. Exclusion of evidence to explain or amend ambiguous document.—When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations. (a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”. Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

When It Applies: IEA 93 vs BSA 96

Under IEA 93

A party relies on a document whose language is unclear or incomplete on its face.
A party seeks to give evidence of facts to explain what the ambiguous language means.
A party seeks to give evidence of facts to cure defects or fill blanks in the document.

Under BSA 96

A party relies on a document whose language is unclear or incomplete on its face.
A party seeks to give evidence of facts to explain what the ambiguous language means.
A party seeks to give evidence of facts to cure defects or fill blanks in the document.

What IEA 93 to BSA 96 Means in Practice

Section 93 IEA became Section 96 BSA on 1 July 2024 with no substantive change. The same rule applies, and a party should cite Section 96 BSA for matters governed by the BSA. Only the sums in the illustration were updated.

IEA 93 to BSA 96: Exclusion of evidence to explain or amend ambiguous document

IEA 93 to BSA 96 at a Glance

What Changed From IEA 93 to BSA 96?

IEA 93 vs BSA 96: Comparison Table

IEA 93 and BSA 96: Bare Act Text Side by Side

When It Applies: IEA 93 vs BSA 96

What IEA 93 to BSA 96 Means in Practice