IEA 96 to BSA 99: Evidence as to application of language which can apply to one only of several persons
Section 96 IEA (1872) replaced by Section 99 BSA (2023)
IEA 96 to BSA 99 at a Glance
Section 96 IEA (Evidence as to application of language which can apply to one only of several persons) is now Section 99 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 96 to BSA 99?
Section 96 of the Indian Evidence Act, 1872 became Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. In the illustrations, places were updated and the sum is written in words.
IEA 96 vs BSA 99: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 96 | 99 |
| Heading | Evidence as to application of language which can apply to one only of several persons | Same |
IEA 96 and BSA 99: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 96, IEA 1872
96. 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 Rs. 1,000, “my white horse”. A has two white horses. Evidence may be give of facts which show which of them was meant.
(b) A agrees to accompany B to Haidarabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haiderabad in Sind was meant.
BSA 2023 (in force)
Section 99, BSA 2023
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.
When It Applies: IEA 96 vs BSA 99
Under IEA 96
- The language used could have been meant to refer to any single one among several people or things.
- The language could not have been meant to refer to more than one of those people or things.
- A party could give evidence of facts showing which specific person or thing the language was meant to cover.
Under BSA 99
- The language used could have been meant to refer to any single one among several people or things.
- The language could not have been meant to refer to more than one of those people or things.
- A party can give evidence of facts showing which specific person or thing the language was meant to cover.
What IEA 96 to BSA 99 Means in Practice
The same legal rule applies under Section 99 BSA as applied under Section 96 IEA, with the places updated and the sum written in words in the illustrations. A person in court should cite Section 99 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 ·