What Is BSA Section 94?

Bhartiya Sakshya Adhiniyam, 2023 - Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.

Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.

Exception 2.—Wills admitted to probate in India may be proved by the probate.

Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.

Explanation 2.—Where there are more originals than one, one original only need be proved.

Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.

Illustrations:

• If a contract be contained in several letters, all the letters in which it is contained must be proved.
• If a contract is contained in a bill of exchange, the bill of exchange must be proved.
• If a bill of exchange is drawn in a set of three, one only need be proved.
• A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
• A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

Brefe Detail

Section 94 of the Bhartiya Sakshya Adhiniyam, 2023, establishes the principle that when the terms of a contract, grant, or property disposition are documented, the document itself is the primary source of evidence. It restricts the use of oral evidence to instances where the document is not available or when exceptions apply, such as public officer appointments or probated wills. It clarifies that both single and multiple documents are subject to the same rules regarding proof.

Question & Answers

What is the main provision of Section 94?

Section 94 states that no evidence of the terms of a contract, grant, or disposition of property can be provided other than the document itself or secondary evidence.

What are the exceptions to this rule?

• The appointment of public officers in writing need not be proved if a person has acted in that capacity.
• Wills admitted to probate may be proved by the probate.

How does Section 94 handle multiple documents?

The section applies to both single and multiple documents, and if there are multiple originals, only one original needs to be proved.

Can oral evidence be introduced if it contradicts the written document?

Yes, oral evidence can be admitted for facts not specifically outlined in the written document.

Example

• A contract is written across several letters. All letters must be presented as evidence.
• A bill of exchange must be proven by the document itself.
• If a bill of exchange exists in a set of three, only one needs to be presented.
• A written contract mentions a prior verbal payment, which allows oral evidence to dispute that payment.
• A receipt issued by A to B allows B to provide oral evidence of the payment made.

Summary

Section 94 of the Bhartiya Sakshya Adhiniyam emphasizes the importance of written documents in proving the terms of contracts and property dispositions, limiting the role of oral evidence while allowing for specific exceptions and clarifications regarding document proof.