Section 98 BSA 2023: Evidence as to Document Unmeaning in Reference to Existing Facts
Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a document whose wording is plain on its face but becomes meaningless when applied to the actual facts. In that situation, evidence may be given to show that the words were used in a special or peculiar sense.
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.
What Section 98 Means
The provision applies where the words of a document appear clear and unambiguous when read alone, yet the words do not sensibly fit the surrounding real-world facts. The law therefore permits evidence of external facts to explain the special meaning in which the parties used the language.
This is different from rewriting a document or contradicting its terms. The purpose is to identify the subject matter or meaning actually intended where the literal wording cannot reasonably operate on the existing facts.
Conditions for Applying Section 98
- The document must use language that is plain or clear on its face.
- That language must become meaningless or inapplicable when compared with the existing facts.
- There must be facts capable of showing that the words were used in a peculiar or special sense.
- The evidence is admitted to explain the application of the document, not to substitute an entirely new bargain for the written terms.
Statutory 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.
Why the Illustration Matters
The phrase "my house in Kolkata" is grammatically clear. However, it cannot literally apply because the seller owns no house in Kolkata. Evidence that the seller owns a house at Howrah and that the buyer has possessed it since the deed was executed can therefore be used to establish that the words were employed in a peculiar sense and referred to the Howrah house.
Section 98 in the Scheme of Documentary Evidence
Section 98 forms part of the Bharatiya Sakshya Adhiniyam provisions governing when oral or other evidence may be used to explain the application of documentary language. It should be read with the adjoining provisions dealing with ambiguous documents and the application of words to persons, things and sets of facts.
| Provision | General subject |
|---|---|
| Section 97 | Exclusion of evidence against the application of a document to existing facts. |
| Section 98 | Evidence where plain document language is meaningless in reference to existing facts. |
| Section 99 | Evidence where language can apply to only one of several persons or things. |
| Section 100 | Evidence where language applies partly to each of two sets of facts but wholly to neither. |
Current Legal Position
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. It replaced the Indian Evidence Act, 1872, subject to the repeal and savings provisions governing proceedings and matters preserved under the new law.
For the official statutory text, readers should verify the current version through the Government of India sources before relying on the provision in litigation.
Frequently Asked Questions
What does Section 98 BSA allow?
It allows evidence to explain the peculiar sense in which words were used when the wording of a document is plain but becomes meaningless in relation to the existing facts.
Does Section 98 allow oral evidence to contradict a written document?
No. Its function is explanatory. It permits evidence to connect otherwise inapplicable documentary language with the facts to which the parties actually intended it to refer.
When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?
The Act came into force on 1 July 2024.
Which earlier law dealt with the same subject?
The Indian Evidence Act, 1872 contained the corresponding rule in Section 95. For current proceedings, the applicable law must be determined with reference to the commencement and savings provisions of the Bharatiya Sakshya Adhiniyam, 2023.