Section 91 IEA: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Indian Evidence Act, 1872
Section 91 IEA at a Glance
Section 91 IEA deals with evidence of terms of contracts, grants and other dispositions of property reduced to form of document. From 1 July 2024 it is replaced by Section 94 BSA.
Section 91 IEA Bare Act Text
91. 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 91, Indian Evidence Act, 1872
Section 91 IEA in Simple Words
Section 91 of the Indian Evidence Act, 1872 stops a party from using oral or other outside evidence to prove the terms of a written contract, grant, or disposition of property (transfer of property rights). The same rule applies whenever the law requires a matter to be put in a document.
To prove those terms or that matter, a party must produce the document itself. Secondary evidence (permitted copies or other proof of the contents) is allowed only when earlier rules in the Act permit it.
If a contract or transfer is spread across several documents, such as letters, all of them must be proved. Where a document has more than one original, proving one original is enough.
The written appointment of a public officer need not be proved once 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. Also, if a document mentions a separate fact outside the terms of the transaction, oral evidence of that fact remains admissible.
When Section 91 IEA Applies
- A party seeking to prove the terms of a contract, grant, or other property transfer that has been put into a written document.
- A party seeking to prove any matter that the law requires to be put in a written document.
- The party must prove those terms or that matter by producing the document itself, or through secondary evidence where earlier rules in the Act allow it.
- A party proving a contract, grant, or property transfer spread across more than one document must prove all the documents containing it.
- A party proving a document made in multiple originals needs to prove only one of the originals.
Example of Section 91 IEA
When Section 91 IEA Does Not Apply
- When the law requires a public officer to be appointed in writing, the written appointment need not be proved if it is shown that the person has acted as that officer.
- A will admitted to probate in India does not require production of the original will and may be proved by the probate.
- If a document states any fact other than the terms of a contract, grant, property transfer, or matter required by law to be in writing, oral evidence of that other fact is not barred.
Section 91 IEA in the BSA
Section 91 IEA is now covered under Section 94 BSA.
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.
View detailed comparison (IEA 91 vs BSA 94) →FAQs on Section 91 IEA
What is Section 91 IEA?▼
Section 91 of the Indian Evidence Act, 1872 requires the terms of any written contract, grant, disposition of property, or matter required by law to be in writing to be proved by producing the document itself. Secondary evidence of the contents is allowed only where earlier provisions of the Act permit it.
If a contract is spread across several letters, does Section 91 IEA require all the letters to be proved?▼
Yes. Under Explanation 1 and Illustration (a) to Section 91 IEA, when a contract, grant, or disposition of property is contained in more than one document, every document containing the terms must be proved.
When a document is made in more than one original, must all originals be proved under Section 91 IEA?▼
No. Under Explanation 2 to Section 91 IEA, where there are more originals than one, proving one original is enough.
Does a written receipt stop a party from giving oral evidence of the payment under Section 91 IEA?▼
No. Under Explanation 3 and Illustration (e) to Section 91 IEA, a statement in a document about a fact other than the terms of a contract, grant, property transfer, or legally required writing does not bar oral evidence of that fact.
What is Section 91 IEA in BSA?▼
Section 94 BSA. Section 91 IEA became Section 94 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·