IEA 95→BSA 98

IEA 95 to BSA 98: Evidence as to document unmeaning in reference to existing facts

Section 95 IEA (1872) replaced by Section 98 BSA (2023)

View IEA Section 95 →View BSA Section 98 →

IEA 95 to BSA 98 at a Glance

Section 95 IEA (Evidence as to document unmeaning in reference to existing facts) is now Section 98 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 95 to BSA 98?

Section 95 of the Indian Evidence Act, 1872 became Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Calcutta reads Kolkata in the illustration.

IEA 95 vs BSA 98: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section9598
HeadingEvidence as to document unmeaning in reference to existing factsSame

IEA 95 and BSA 98: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 95, IEA 1872

95. 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 Calcutta”. A had no house in Calcutta, 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.
BSA 2023 (in force)

Section 98, BSA 2023

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.

When It Applies: IEA 95 vs BSA 98

Under IEA 95
  1. A document uses words that are clear and plain on their own.
  2. Those words make no sense when compared with the real facts that exist.
  3. A party could give evidence to prove that the words were used in an unusual or special sense.
Under BSA 98
  1. A document uses words that are clear and plain on their own.
  2. Those words make no sense when compared with the real facts that exist.
  3. A party can give evidence to prove that the words were used in an unusual or special sense.

What IEA 95 to BSA 98 Means in Practice

The same legal rule applies under Section 98 BSA as applied under Section 95 IEA, and in the illustration Calcutta reads Kolkata. A person in court should cite Section 98 BSA for matters governed by the Adhiniyam.

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 ·