Law4u - Made in India

What Is BSA Section 97?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 97: 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.

Illustration:

A sells to B, by deed, my estate at Rampur containing one hundred bighas. A has an estate at Rampur containing one hundred 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.

Brefe Detail

This section establishes that when a document's language is clear and it accurately describes existing facts, evidence cannot be introduced to argue that the document was meant to apply to different facts. This upholds the integrity of the document's language and intent.

Question & Answers

Q1: What does Section 97 of the Bhartiya Sakshya Adhiniyam state?

A1: It states that if the language of a document is clear and it applies to existing facts, no evidence can be presented to show that it was meant to apply to different facts.

Q2: Can evidence be introduced if the language of the document is plain?

A2: No, evidence cannot be introduced to contradict the clear language of the document regarding its application to existing facts.

Q3: What is an example given in this section?

A3: An example is provided where A sells B my estate at Rampur containing one hundred bighas, and A indeed has such an estate. Evidence cannot be introduced to claim that the estate referred to is elsewhere or of a different size.

Example

- If A sells to B an estate described as my estate at Rampur containing one hundred bighas, and A has an estate matching that description, no evidence can be introduced to suggest it was another estate.

Summary

Section 97 emphasizes the importance of the clear language used in documents. When such language accurately describes existing facts, it prevents the introduction of contradictory evidence, thereby maintaining the document's intended meaning and purpose.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rashmi Gupta

Advocate Rashmi Gupta

Cheque Bounce, Civil, Criminal, Consumer Court, Anticipatory Bail

Get Advice
Advocate Monu Raghuwanshi

Advocate Monu Raghuwanshi

Cheque Bounce,Criminal,Family,Anticipatory Bail,Court Marriage,Divorce,Domestic Violence,Motor Accident,Muslim Law,

Get Advice
Advocate Ashish Bhardwaj

Advocate Ashish Bhardwaj

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Raj Shukla

Advocate Raj Shukla

Civil, Criminal, Cyber Crime, High Court, Revenue

Get Advice
Advocate Sanjay Vhatkar

Advocate Sanjay Vhatkar

Anticipatory Bail, Criminal, Cyber Crime, High Court, Divorce, Family, Civil, Domestic Violence, Court Marriage

Get Advice
Advocate Vijaykumar M Parmar

Advocate Vijaykumar M Parmar

Banking & Finance, Cheque Bounce, Civil, Corporate, Court Marriage, Criminal, Family, Revenue

Get Advice
Advocate Aman Sonkar

Advocate Aman Sonkar

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Court Marriage, Corporate, Consumer Court, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, High Court, Insurance, Domestic Violence, Landlord & Tenant, Labour & Service, Medical Negligence, Muslim Law, R.T.I, Motor Accident

Get Advice
Advocate Heera Lal Saini

Advocate Heera Lal Saini

Consumer Court, Banking & Finance, Corporate, Labour & Service, Supreme Court, NCLT, Insurance, Bankruptcy & Insolvency, Anticipatory Bail, Arbitration, Civil, Criminal, Cyber Crime, High Court

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.