Section 95 IEA: Evidence as to document unmeaning in reference to existing facts
Indian Evidence Act, 1872
Section 95 IEA at a Glance
Section 95 IEA deals with evidence as to document unmeaning in reference to existing facts. From 1 July 2024 it is replaced by Section 98 BSA.
Section 95 IEA Bare Act Text
95. 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.
IllustrationA sells to B, by deed, “my house in Calcutta”.
A had no house in Calcutta, 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 95, Indian Evidence Act, 1872
Section 95 IEA in Simple Words
Section 95 of the Indian Evidence Act, 1872 let a party give evidence to explain the wording of a document. It applied when clear words in a document made no sense against real facts.
Sometimes the language in a document looked plain by itself. Yet when matched against the existing situation, those words had no meaning. In such a case, a party could give evidence showing that the words carried a peculiar (unusual or special) sense.
The Act illustrated the rule through a property sale by deed (a formal legal document). A seller signed a deed transferring a house in Calcutta to a buyer, though the seller had no house there. The seller instead owned a house at Howrah, which the buyer held after the deed was signed. A party could prove those facts to show that the deed referred to the Howrah house.
When Section 95 IEA 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 could give evidence to prove that the words were used in an unusual or special sense.
Example of Section 95 IEA
Section 95 IEA in the BSA
Section 95 IEA is now covered under Section 98 BSA.
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.
View detailed comparison (IEA 95 vs BSA 98) →FAQs on Section 95 IEA
What is Section 95 IEA?▼
Section 95 of the Indian Evidence Act, 1872 was a rule about documents whose language was plain by itself yet had no meaning when compared with real facts. It allowed a party to give evidence showing that the language was used in a peculiar sense.
Could a party prove under Section 95 IEA that a deed naming a city referred to property in another place?▼
Yes. In the illustration to Section 95 IEA, a seller had no house in Calcutta as written in a deed, yet owned a house at Howrah held by the buyer since the deed was signed. Those facts could be proved to show that the deed related to the Howrah house.
What is Section 95 IEA in BSA?▼
Section 98 BSA. Section 95 IEA became Section 98 BSA on 1 July 2024 without any change in substance. Only the illustration changed Calcutta to Kolkata.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·