Section 98 IEA: Evidence as to meaning of illegible characters, etc

Indian Evidence Act, 1872

Section 98 IEA at a Glance

Section 98 IEA deals with evidence as to meaning of illegible characters, etc. From 1 July 2024 it is replaced by Section 101 BSA.

Now BSA

Section 101 →

Section 98 IEA Bare Act Text

98. Evidence as to meaning of illegible characters, etc

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.

Illustration

A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Source: Section 98, Indian Evidence Act, 1872

Section 98 IEA in Simple Words

Section 98 of the Indian Evidence Act, 1872 lets a party give evidence to explain unclear writing or special words. It applies when characters are illegible or are not intelligible to ordinary readers.

Section 98 IEA also covers expressions that are foreign, obsolete, or technical, along with local and provincial expressions. In addition, a party can give evidence to explain abbreviations and words used in a special or peculiar sense.

For instance, a sculptor who owns both models and modelling tools may agree to sell items using a shortened term. Under the Act, evidence can be given to show which items the sculptor meant to sell.

When Section 98 IEA Applies

  • Characters in the text are illegible or are not intelligible to ordinary readers.
  • The language includes expressions that are foreign, obsolete, or technical, or expressions that are local or provincial.
  • The text contains abbreviations.
  • Words are used with a special or peculiar meaning.

Example of Section 98 IEA

In 2023, Anita signs a supply order with Farhan in Kochi that uses trade abbreviations and local expressions for timber grades. A dispute arises over the quality of wood that the order requires. The ordinary wording of the order does not explain those abbreviations or local terms to the court. Under Section 98 IEA, either side can bring evidence explaining what the abbreviations and local expressions mean in the supply order.

Section 98 IEA in the BSA

Section 98 IEA is now covered under Section 101 BSA.

Section 98 of the Indian Evidence Act, 1872 became Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Provincial" reads "regional".

View detailed comparison (IEA 98 vs BSA 101) →

FAQs on Section 98 IEA

What is Section 98 IEA?▼

Section 98 of the Indian Evidence Act, 1872 is a rule that allows evidence to explain unclear characters and special words or expressions. It covers illegible characters, expressions that are foreign, obsolete, technical, local, or provincial, abbreviations, and words used in a peculiar sense.

Can evidence be given under Section 98 IEA to explain a shortened word like mods?▼

Yes. If a sculptor who owns both models and modelling tools agrees to sell mods, Section 98 IEA allows evidence to show which of them the sculptor meant to sell.

Does Section 98 IEA allow evidence to explain technical or obsolete expressions?▼

Yes. Section 98 IEA allows a party to give evidence showing the meaning of both technical and obsolete expressions.

What is Section 98 IEA in BSA?▼

Section 101 BSA. Section 98 IEA became Section 101 BSA on 1 July 2024 with no substantive change, and the word provincial reads regional.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·