Section 94 IEA: Exclusion of evidence against application of document to existing facts
Indian Evidence Act, 1872
Section 94 IEA at a Glance
Section 94 IEA deals with exclusion of evidence against application of document to existing facts. From 1 July 2024 it is replaced by Section 97 BSA.
Section 94 IEA Bare Act Text
94. 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 100 bighas”. A has an estate at Rampur containing 100 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 94, Indian Evidence Act, 1872
Section 94 IEA in Simple Words
Section 94 of the Indian Evidence Act, 1872 stops a party from giving evidence to contradict how a clear document applies to real facts. 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 94 IEA 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 Act gives the illustration of a person selling by deed (a formal written legal document) an estate at Rampur of 100 bighas (a unit of land measurement). When the seller actually owns an estate at Rampur of 100 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 94 IEA 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 94 IEA
Section 94 IEA in the BSA
Section 94 IEA is now covered under Section 97 BSA.
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.
View detailed comparison (IEA 94 vs BSA 97) →FAQs on Section 94 IEA
What is Section 94 IEA?▼
Section 94 of the Indian Evidence Act, 1872 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 94 IEA, 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 94 IEA require the language of the document to match existing facts accurately?▼
Yes. Section 94 IEA applies only when the language used in the document is plain in itself and fits existing facts accurately.
What is Section 94 IEA in BSA?▼
Section 94 IEA became Section 97 BSA on 1 July 2024 with no substantive change to the legal rule. In the illustration, the land measurement is written in words rather than digits.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·