IEA 97 to BSA 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Section 97 IEA (1872) replaced by Section 100 BSA (2023)
IEA 97 to BSA 100 at a Glance
Section 97 IEA (Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies) is now Section 100 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 97 to BSA 100?
Section 97 of the Indian Evidence Act, 1872 became Section 100 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 97 vs BSA 100: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 97 | 100 |
| Heading | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | Same |
IEA 97 and BSA 100: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 97, IEA 1872
97. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.—When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
Illustration
A agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
BSA 2023 (in force)
Section 100, BSA 2023
100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.—When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
Illustration.
A agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
When It Applies: IEA 97 vs BSA 100
Under IEA 97
- Language is used that applies in part to one set of existing facts.
- The same language also applies in part to a second set of existing facts.
- The full wording does not apply accurately to either set of facts on its own.
- A party may give evidence showing which of the two sets of facts the language was meant to cover.
Under BSA 100
- Language is used that applies in part to one set of existing facts.
- The same language also applies in part to another set of existing facts.
- The entire wording does not apply accurately to either set of facts.
- A party can give evidence showing which of the two sets of facts the wording was meant to cover.
What IEA 97 to BSA 100 Means in Practice
Section 97 IEA became Section 100 BSA on 1 July 2024 without any change in wording. The same rule applies, and a person in court should cite Section 100 BSA for matters governed by the BSA.
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 ·