Section 101 BSA: Evidence as to meaning of illegible characters, etc

Bharatiya Sakshya Adhiniyam, 2023

Section 101 BSA at a Glance

Section 101 BSA deals with evidence as to meaning of illegible characters, etc. It replaced Section 98 IEA on 1 July 2024.

Was IEA

Section 98 →

Section 101 BSA Bare Act Text

101. Evidence as to meaning of illegible characters, etc

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.

Illustration

A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Source: Section 101, Bharatiya Sakshya Adhiniyam, 2023

Section 101 BSA in Simple Words

Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party give evidence to explain unclear writing or special words. Effective from 1 July 2024, it applies when characters are illegible or are not intelligible to ordinary readers.

Section 101 BSA also covers expressions that are foreign, obsolete, or technical, along with local and regional expressions. In addition, a party can give evidence to explain abbreviations and words used in a special or peculiar sense.

For instance, a sculptor who owns both models and modelling tools may agree to sell items using a shortened term. Under the Adhiniyam, evidence can be given to show which items the sculptor meant to sell.

When Section 101 BSA Applies

  • Characters in the text are illegible or are not intelligible to ordinary readers.
  • The language includes expressions that are foreign, obsolete, or technical, or expressions that are local or regional.
  • The text contains abbreviations.
  • Words are used with a special or peculiar meaning.

Example of Section 101 BSA

In 2025, Ramesh and Priya sign a textile delivery contract in Jaipur that contains faded, illegible handwriting and regional expressions for cloth patterns. Later, the parties disagree in court over the cloth patterns covered by the delivery contract. Because the court cannot read the faded characters or tell the meaning of the regional terms from the page, Section 101 BSA applies. Either party can present evidence to explain the illegible characters and the regional expressions in the delivery contract.

Section 101 BSA in the IEA (Previous Law)

Section 101 BSA replaces Section 98 IEA from the old criminal code.

Section 98 of the Indian Evidence Act, 1872 became Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Provincial" reads "regional".

FAQs on Section 101 BSA

What is Section 101 BSA?▼

Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that lets a party give evidence to explain unclear characters and special words or expressions. It covers illegible characters, expressions that are foreign, obsolete, technical, local, or regional, abbreviations, and words used in a peculiar sense.

Can evidence be given under Section 101 BSA to explain a shortened word in a sale agreement?▼

Yes. Where a sculptor owns both models and modelling tools and agrees to sell mods, Section 101 BSA allows evidence to show which of them the sculptor meant to sell.

Does Section 101 BSA cover regional and foreign expressions?▼

Yes. Section 101 BSA allows a party to give evidence explaining the meaning of both regional expressions and foreign expressions.

What is Section 101 BSA in IEA?▼

Section 98 IEA. Before 1 July 2024, the same rule stood in Section 98 IEA with no substantive difference, where the word regional read provincial.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·