BSA § 98 · Bharatiya Sakshya Adhiniyam, 2023

Section 98 BSA — Evidence as to document unmeaning in reference to existing facts

Replaces IEA 95 of the Indian Evidence Act, 1872. In force since 1 July 2024.

The text

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.

Illustration.

A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, 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: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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