Section 96 BSA: Exclusion of evidence to explain or amend ambiguous document
Bharatiya Sakshya Adhiniyam, 2023
Section 96 BSA at a Glance
Section 96 BSA deals with exclusion of evidence to explain or amend ambiguous document. It replaced Section 93 IEA on 1 July 2024.
Section 96 BSA Bare Act Text
96. Exclusion of evidence to explain or amend ambiguous document
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
Illustrations(a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”. Evidence cannot be given to show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.
Source: Section 96, Bharatiya Sakshya Adhiniyam, 2023
Section 96 BSA in Simple Words
Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 stops a party from giving evidence to explain or fix an unclear document, and it applies from 1 July 2024. It covers any document whose wording is ambiguous (open to multiple meanings) or defective on its face (obvious just from reading it). When that happens, no party can give evidence of facts to show the meaning or supply the missing parts.
The Adhiniyam illustrates this rule with a written agreement for the sale of a horse that lists the price as one lakh rupees or alternatively one lakh fifty thousand rupees. Because the document itself leaves the price uncertain, no evidence can be given to show which price was meant.
The same bar applies when a deed (a formal written legal document) has blank spaces left in it. No party can give evidence of facts to show what was meant to go into those blank spaces.
When Section 96 BSA Applies
- A party relies on a document whose language is unclear or incomplete on its face.
- A party seeks to give evidence of facts to explain what the ambiguous language means.
- A party seeks to give evidence of facts to cure defects or fill blanks in the document.
Example of Section 96 BSA
Section 96 BSA in the IEA (Previous Law)
Section 96 BSA replaces Section 93 IEA from the old criminal code.
Section 93 of the Indian Evidence Act, 1872 became Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Sums in the illustration were updated.
FAQs on Section 96 BSA
What is Section 96 BSA?▼
Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that bars giving evidence to explain or fix a document whose language is ambiguous or defective on its face. When the uncertainty or defect is obvious from the document itself, no party can give evidence of facts to show its meaning or supply its missing parts.
Can a party give evidence to show how blank spaces in a deed were meant to be filled under Section 96 BSA?▼
No. When a deed contains blanks, Section 96 BSA stops any party from giving evidence of facts to show what was meant to go into those blanks.
Can evidence be given to prove which price was intended if a written sale contract lists one lakh rupees or alternatively one lakh fifty thousand rupees?▼
No. Under Section 96 BSA, when a written contract lists alternative prices of one lakh rupees and one lakh fifty thousand rupees without fixing which applies, evidence cannot be given to prove which price was meant.
What is Section 96 BSA in IEA?▼
Section 96 BSA corresponds to Section 93 IEA, which it replaced on 1 July 2024. There is no substantive change to the legal rule, and only the sums in the illustration were updated.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·