Section 93 IEA: Exclusion of evidence to explain or amend ambiguous document
Indian Evidence Act, 1872
Section 93 IEA at a Glance
Section 93 IEA deals with exclusion of evidence to explain or amend ambiguous document. From 1 July 2024 it is replaced by Section 96 BSA.
Section 93 IEA Bare Act Text
93. 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 “Rs. 1,000 or Rs. 1,500”. 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 93, Indian Evidence Act, 1872
Section 93 IEA in Simple Words
Section 93 of the Indian Evidence Act, 1872 stops a party from giving evidence to explain or fix an unclear document. It applies when the wording is ambiguous (open to multiple meanings) or defective on its face (obvious just from reading it). In that case, no party can give evidence of facts to show the meaning or supply the missing parts.
The Act illustrates this rule with a written contract for the sale of a horse that lists the price as Rs. 1,000 or alternatively Rs. 1,500. Because the price is uncertain in the text itself, no evidence can be given to show which price was intended.
The same bar applies when a deed (a formal written legal document) contains blank spaces. A party cannot give evidence of facts to show what was meant to go into those blanks.
When Section 93 IEA 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 93 IEA
Section 93 IEA in the BSA
Section 93 IEA is now covered under Section 96 BSA.
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.
View detailed comparison (IEA 93 vs BSA 96) →FAQs on Section 93 IEA
What is Section 93 IEA?▼
Section 93 of the Indian Evidence Act, 1872 is a rule that excludes evidence aimed at explaining or fixing a document whose wording is ambiguous or defective on its face. When the uncertainty or defect is apparent from reading 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 93 IEA?▼
No. When a deed contains blanks, Section 93 IEA bars any party from giving evidence of facts to show what was meant to be written in those blanks.
Can evidence be given to prove which price was agreed if a written contract lists Rs. 1,000 or alternatively Rs. 1,500?▼
No. Under Section 93 IEA, when a written agreement lists alternative prices of Rs. 1,000 and Rs. 1,500 without fixing which applies, evidence cannot be given to prove which price was meant.
What is Section 93 IEA in BSA?▼
Section 93 IEA became Section 96 BSA on 1 July 2024 with no substantive change to the legal rule. Only the sums in the illustration were updated.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·