Section 100 BSA 2023: Evidence as to Application of Language to One of Two Sets of Facts
Section 100 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a situation where the language of a document fits partly with one set of existing facts and partly with another, but does not completely and correctly fit either set. In that situation, evidence may be given to identify which of the two sets of facts the language was intended to describe.
Text of Section 100, Bharatiya Sakshya Adhiniyam, 2023
100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
Statutory Illustration
Illustration: A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
Meaning and Scope of Section 100
Section 100 is a rule for resolving a mismatch between the words used in a document and two possible sets of real-world facts. The provision becomes relevant when neither factual set satisfies the entire description, yet each satisfies a different part of it.
The section permits evidence of surrounding facts for the limited purpose of identifying which of the two possible subjects, persons, things or factual situations the language was intended to refer to. It does not generally authorise the Court to rewrite the document; rather, it allows evidence that connects the words used with the intended factual subject.
Essential conditions
- There must be language in a document or transaction that is capable of reference to existing facts.
- The language must apply partly to one set of facts and partly to another set of facts.
- The complete description must not correctly apply to either set by itself.
- Evidence may then be given to show which of the two sets the language was intended to describe.
Definition of "Fact" under the BSA
Section 2(1)(f) of the Bharatiya Sakshya Adhiniyam, 2023 defines "fact" to include anything, state of things or relation of things capable of being perceived by the senses, as well as any mental condition of which a person is conscious. This definition helps explain the reference in Section 100 to "existing facts".
Practical Example
Suppose a sale agreement refers to "my shop on Market Road occupied by C". The seller owns one shop on Market Road that is occupied by D, and another shop elsewhere that is occupied by C. The full description does not exactly fit either shop. Section 100 allows evidence of relevant surrounding facts to show which shop the parties intended to identify.
Section 100 and Nearby BSA Provisions
Section 100 forms part of Chapter VI, which deals with exclusion of oral evidence by documentary evidence. It should be read with the surrounding provisions dealing with the application and meaning of documentary language.
Which Evidence Law Applies to Older Pending Proceedings?
The BSA came into force on 1 July 2024. Section 170 repeals the Indian Evidence Act, 1872, but saves applications, trials, inquiries, investigations, proceedings and appeals that were already pending immediately before commencement. Such pending matters continue to be dealt with under the Indian Evidence Act, 1872 as it stood immediately before the BSA commenced.
Frequently Asked Questions
What is the purpose of Section 100 BSA?
Its purpose is to permit evidence that identifies the intended subject when documentary language partly fits each of two factual sets but completely fits neither.
Can evidence be used to alter the written document?
Section 100 is directed to identifying the factual subject to which the existing language was intended to apply. Its operation is therefore narrower than a general power to vary or rewrite the terms of a written document.
When did the BSA become effective?
The Central Government appointed 1 July 2024 as the date on which the Bharatiya Sakshya Adhiniyam, 2023 came into force.
Disclaimer: This page provides general legal information and the statutory text for reference. Application of evidence law depends on the facts and procedural stage of each case.