Section 97 BSA: Exclusion of evidence against application of document to existing facts
Bharatiya Sakshya Adhiniyam, 2023
Section 97 BSA at a Glance
Section 97 BSA deals with exclusion of evidence against application of document to existing facts. It replaced Section 94 IEA on 1 July 2024.
Section 97 BSA Bare Act Text
97. Exclusion of evidence against application of document to existing facts
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.
IllustrationA sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.
Source: Section 97, Bharatiya Sakshya Adhiniyam, 2023
Section 97 BSA in Simple Words
Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 stops a party from giving evidence to contradict how a clear document applies to real facts, and it applies from 1 July 2024. It operates when the wording of a document is plain and matches existing facts accurately. In that situation, no party can give evidence to show that the document was meant for different facts.
For Section 97 BSA to apply, the language written in the document must be clear in itself. Real facts must also exist that fit the written description accurately.
The Adhiniyam gives the illustration of a person selling by deed (a formal written legal document) an estate at Rampur of one hundred bighas (a unit of land measurement). When the seller actually owns an estate at Rampur of one hundred bighas, the deed fits that property. No evidence can be given to claim that the sale was meant for a property at another place and of another size.
When Section 97 BSA Applies
- The wording used in a document is clear and unambiguous in itself.
- The wording of the document matches existing facts accurately.
- A party seeks to give evidence to prove that the document was not intended to apply to those existing facts.
Example of Section 97 BSA
Section 97 BSA in the IEA (Previous Law)
Section 97 BSA replaces Section 94 IEA from the old criminal code.
Section 94 of the Indian Evidence Act, 1872 became Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The sum in the illustration is written in words.
FAQs on Section 97 BSA
What is Section 97 BSA?▼
Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that stops a party from giving evidence against applying a clear document to matching facts. When a document uses plain wording that fits existing facts accurately, no party can give evidence to prove that the document was meant for different facts.
Can a seller give evidence that a clear sale deed was meant for a different property when the seller owns the exact property described in the deed?▼
No. Under Section 97 BSA, when the description in the deed is plain and matches an existing property owned by the seller, evidence cannot be given to claim that a property at another place or of another size was meant to be sold.
Does Section 97 BSA require the language of the document to match existing facts accurately?▼
Yes. Section 97 BSA applies only when the language used in the document is plain in itself and fits existing facts accurately.
What is Section 97 BSA in IEA?▼
Section 97 BSA corresponds to Section 94 IEA, which it replaced on 1 July 2024. There is no substantive change to the legal rule, and in the illustration the land measurement of one hundred bighas is written in words.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·