Section 98 BSA: Evidence as to document unmeaning in reference to existing facts

Bharatiya Sakshya Adhiniyam, 2023

Section 98 BSA at a Glance

Section 98 BSA deals with evidence as to document unmeaning in reference to existing facts. It replaced Section 95 IEA on 1 July 2024.

Was IEA

Section 95 →

Section 98 BSA Bare Act Text

98. Evidence as to document unmeaning in reference to existing facts

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.

Illustration

A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.

Source: Section 98, Bharatiya Sakshya Adhiniyam, 2023

Section 98 BSA in Simple Words

Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party give evidence to explain the wording of a document. It applies when clear words in a document make no sense against real facts.

Sometimes the language in a document looks plain by itself. Yet when matched against the existing situation, those words have no meaning. In such a case, a party can give evidence showing that the words were used in a peculiar (unusual or special) sense.

The Adhiniyam illustrates the rule through a property sale by deed (a formal legal document). A seller signs a deed transferring a house in Kolkata to a buyer, though the seller has no house there. The seller instead owns a house at Howrah, which the buyer has held since the deed was signed. A party can prove those facts to show that the deed relates to the Howrah house.

When Section 98 BSA Applies

  • A document uses words that are clear and plain on their own.
  • Those words make no sense when compared with the real facts that exist.
  • A party can give evidence to prove that the words were used in an unusual or special sense.

Example of Section 98 BSA

In August 2024, Priya signed a deed selling a warehouse in Pune to Farhan. Priya never owned a warehouse in Pune, yet owned a warehouse in Nashik that Farhan took possession of when the deed was executed. During a dispute over the transfer, Farhan relied on Section 98 BSA in court. Farhan can give evidence of those facts to show that the deed relates to the warehouse in Nashik.

Section 98 BSA in the IEA (Previous Law)

Section 98 BSA replaces Section 95 IEA from the old criminal code.

Section 95 of the Indian Evidence Act, 1872 became Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Calcutta reads Kolkata in the illustration.

FAQs on Section 98 BSA

What is Section 98 BSA?▼

Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule about documents whose language is plain by itself yet has no meaning when compared with real facts. It lets a party give evidence showing that the language was used in a peculiar sense.

Can a party prove under Section 98 BSA that a deed naming a city relates to property in another place?▼

Yes. In the illustration to Section 98 BSA, a seller has no house in Kolkata as written in a deed, yet owns a house at Howrah held by the buyer since the deed was signed. Those facts can be proved to show that the deed relates to the Howrah house.

What is Section 98 BSA in IEA?▼

Section 95 IEA. Section 98 BSA replaced Section 95 IEA on 1 July 2024 with the same legal rule. Only the illustration was updated so that Calcutta reads Kolkata.

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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 ·