Section 101 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the admissibility of evidence concerning the interpretation of unclear or specialized language in documents.(aaptaxlaw.com)
📜 Text of Section 101
Section 101: Evidence as to Meaning of Illegible Characters, etc.(aaptaxlaw.com)
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations, and of words used in a peculiar sense.(lextechsuite.com)
Illustration: A, a sculptor, agrees to sell to B, "all my mods." A has both models and modelling tools. Evidence may be given to show which he meant to sell.(aaptaxlaw.com)
🔍 Explanation
Section 101 allows parties in a legal proceeding to present evidence that clarifies the meaning of unclear or specialized language in a document. This includes:
Illegible Characters: Handwriting or printed text that is difficult to read.(constitutionofindia.in)
Uncommon Expressions: Words or phrases not widely understood.
Technical Terms: Jargon specific to a particular field or profession.(thelawadvice.com)
Local or Regional Terms: Words or phrases used in specific geographic areas.(sudhirrao.com)
Abbreviations: Shortened forms of words or phrases.
Peculiar Usage: Words used in an unusual or non-standard way.(vidhiadda.com)
The purpose of this section is to ensure that the true intent of the parties involved is understood, even if the language used is ambiguous or specialized.
⚖️ Practical Application
In legal disputes, especially those involving contracts or agreements, the language used may be unclear or specialized. Section 101 permits the introduction of evidence, such as testimony from experts or contextual information, to explain the meaning of such language. This helps the court ascertain the true intent of the parties and ensures a fair and just resolution of the matter.(legitquest.com)
Summary: Section 101 of the Bharatiya Sakshya Adhiniyam, 2023, facilitates the interpretation of unclear or specialized language in documents by allowing the introduction of evidence that clarifies such terms. This provision ensures that the true intent of the parties is understood, promoting fairness in legal proceedings.
RELATED Blog
0 comments