IEA 94→BSA 97

IEA 94 to BSA 97: Exclusion of evidence against application of document to existing facts

Section 94 IEA (1872) replaced by Section 97 BSA (2023)

View IEA Section 94 →View BSA Section 97 →

IEA 94 to BSA 97 at a Glance

Section 94 IEA (Exclusion of evidence against application of document to existing facts) is now Section 97 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 94 to BSA 97?

Section 94 of the Indian Evidence Act, 1872 became Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The sum in the illustration is written in words.

IEA 94 vs BSA 97: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section9497
HeadingExclusion of evidence against application of document to existing factsSame

IEA 94 and BSA 97: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 94, IEA 1872

94. 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 100 bighas”. A has an estate at Rampur containing 100 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.
BSA 2023 (in force)

Section 97, BSA 2023

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.

When It Applies: IEA 94 vs BSA 97

Under IEA 94
  1. The wording used in a document is clear and unambiguous in itself.
  2. The wording of the document matches existing facts accurately.
  3. A party seeks to give evidence to prove that the document was not intended to apply to those existing facts.
Under BSA 97
  1. The wording used in a document is clear and unambiguous in itself.
  2. The wording of the document matches existing facts accurately.
  3. A party seeks to give evidence to prove that the document was not intended to apply to those existing facts.

What IEA 94 to BSA 97 Means in Practice

Section 94 IEA became Section 97 BSA on 1 July 2024 with no substantive change. The same rule applies, and a party should cite Section 97 BSA for matters governed by the BSA. In the illustration, the land measurement is written in words as one hundred bighas instead of 100 bighas.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·