Section 99 BSA: Evidence as to application of language which can apply to one only of several persons
Bharatiya Sakshya Adhiniyam, 2023
Section 99 BSA at a Glance
Section 99 BSA deals with evidence as to application of language which can apply to one only of several persons. It replaced Section 96 IEA on 1 July 2024.
Section 99 BSA Bare Act Text
99. Evidence as to application of language which can apply to one only of several persons
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.
Illustrations(a) A agrees to sell to B, for one thousand rupees, “my white horse”. A has two white horses. Evidence may be given of facts which show which of them was meant.
(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.
Source: Section 99, Bharatiya Sakshya Adhiniyam, 2023
Section 99 BSA in Simple Words
Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party give evidence to identify who or what a description refers to. It applies when language could fit any single one of several people or things, yet could not apply to more than one.
Sometimes the words used match two or more existing people, places or objects, even though only one is meant. In that situation, the Adhiniyam allows evidence of facts to prove which specific person or thing was intended.
The Adhiniyam gives two illustrations of the rule. In one illustration, a seller agrees to sell a white horse for one thousand rupees while owning two white horses. A party can prove facts showing which horse the seller meant. In the other, someone agrees to accompany another person to Ramgarh. Evidence can show whether the place meant was Ramgarh located in Rajasthan or instead Ramgarh located in Uttarakhand.
When Section 99 BSA Applies
- The language used could have been meant to refer to any single one among several people or things.
- The language could not have been meant to refer to more than one of those people or things.
- A party can give evidence of facts showing which specific person or thing the language was meant to cover.
Example of Section 99 BSA
Section 99 BSA in the IEA (Previous Law)
Section 99 BSA replaces Section 96 IEA from the old criminal code.
Section 96 of the Indian Evidence Act, 1872 became Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. In the illustrations, places were updated and the sum is written in words.
FAQs on Section 99 BSA
What is Section 99 BSA?▼
Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule for situations where language could apply to any one of several people or things, yet not to more than one. It lets a party give evidence of facts showing which person or thing was meant.
Can evidence be given under Section 99 BSA if a seller agrees to sell a white horse while owning two white horses?▼
Yes. As shown in the illustration to Section 99 BSA, when a seller with two white horses agrees to sell one white horse for one thousand rupees, a party can give evidence of facts showing which horse was meant.
Can Section 99 BSA be used when two places have the same name?▼
Yes. In the illustration to Section 99 BSA about an agreement to travel to Ramgarh, evidence of facts can show whether the place meant was Ramgarh located in Rajasthan or instead Ramgarh located in Uttarakhand.
What is Section 99 BSA in IEA?▼
Section 96 IEA. Section 99 BSA replaced Section 96 IEA on 1 July 2024 without any substantive change. In the illustrations, the places were updated and the sum is written in words.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·