Section 94 BSA: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Bharatiya Sakshya Adhiniyam, 2023
Section 94 BSA at a Glance
Section 94 BSA deals with evidence of terms of contracts, grants and other dispositions of property reduced to form of document. It replaced Section 91 IEA on 1 July 2024.
Section 94 BSA Bare Act Text
94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.
Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.
Exception 2.—Wills admitted to probate in India may be proved by the probate.
Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.
Explanation 2.—Where there are more originals than one, one original only need be proved.
Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.
Illustrations(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.
Source: Section 94, Bharatiya Sakshya Adhiniyam, 2023
Section 94 BSA in Simple Words
Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 bars oral or other outside evidence to prove the terms of a contract, grant, or disposition of property (transfer of property rights) that has been put into a document. The same rule applies whenever the law requires a matter to be recorded in a document.
To prove those terms or that matter, a party has to produce the document itself. Secondary evidence (permitted copies or other proof of the contents) can be used only when earlier provisions of the Adhiniyam allow it.
Whether the transaction is contained in one document or spread across several documents, such as letters, every document containing the terms must be proved. If a document has multiple originals, proving one original is sufficient.
When the law requires a public officer to be appointed in writing, the appointment document need not be proved if it is shown that the person acted in that office. For a will that has received probate (official court certification of a will) in India, a party can prove the will by producing the probate. Further, if a document mentions another fact outside the terms covered by Section 94 BSA, oral evidence of that separate fact is still allowed.
When Section 94 BSA Applies
- A party who wants to prove the terms of a contract, grant, or other transfer of property that has been written down in a document.
- A party who wants to prove any matter that the law requires to be recorded in a document.
- The party has to produce the original document itself, or give secondary evidence of its contents when earlier provisions of the Adhiniyam permit it.
- When the contract, grant, or transfer of property is spread across multiple documents, the party must prove every document that holds the terms.
- When a document is executed in more than one original, the party only needs to prove one original.
Example of Section 94 BSA
When Section 94 BSA Does Not Apply
- Where the law requires a public officer to be appointed in writing, the appointment document need not be proved once it is shown that the person has acted as that officer.
- Wills that have been admitted to probate in India can be proved by producing the probate.
- A statement in a document about any fact other than the terms of a contract, grant, property transfer, or legally required writing does not exclude oral evidence of that separate fact.
Section 94 BSA in the IEA (Previous Law)
Section 94 BSA replaces Section 91 IEA from the old criminal code.
Section 91 of the Indian Evidence Act, 1872 became Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 94 BSA
What is Section 94 BSA?▼
Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 requires the terms of a written contract, grant, disposition of property, or matter required by law to be in a document to be proved by the document itself. Secondary evidence of its contents can be given only where earlier provisions of the Adhiniyam allow it.
Must every letter be proved under Section 94 BSA when a contract is contained in several letters?▼
Yes. Explanation 1 and Illustration (a) to Section 94 BSA state that when a contract, grant, or property transfer is contained in multiple documents, all the documents containing it must be proved.
If a document has multiple originals, does Section 94 BSA require every original to be proved?▼
No. Explanation 2 to Section 94 BSA states that where there is more than one original, only one original needs to be proved.
Can a party give oral evidence of a payment under Section 94 BSA even if a written receipt was given?▼
Yes. Under Explanation 3 and Illustration (e) to Section 94 BSA, mentioning a separate fact like payment in a receipt does not stop oral evidence of that payment.
What is Section 94 BSA in IEA?▼
Section 91 IEA. Section 91 IEA became Section 94 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·