Section 246 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s what Section 246 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) entails:
📘 Section 246 – Exclusion of Oral Evidence by Documentary Evidence
This section forms part of Chapter 5: Of Documentary Evidence (covering Sections 56–73) and specifically deals with situations where oral evidence is excluded if relevant documentary proof exists.
📝 What it means:
Primary Rule: If a document is produced as evidence, then oral evidence cannot be used to:
Contradict what the document states.
Add to, subtract from, or challenge its terms.
Purpose: This provision upholds the principle of integrity of documents. For instance:
You cannot say, “The contract says ₹10,000”—and then argue orally that it was actually ₹8,000.
You cannot add unstated terms or exclusions not recorded in the document.
Key Objective: Ensures reliance on the written record over informal oral assertions, preserving consistency and trust in documents.
📚 Context within the Act:
Part III (Proof) →
Chapter 4: Oral Evidence (Sections 54–55)
Chapter 5: Documentary Evidence (Sections 56–73)
Chapter 6: Exclusion of Oral Evidence by Documentary Evidence (Sections 94–103) including Section 246 as per the re‑numbered Act
(en.wikipedia.org, mha.gov.in)
✅ Practical Implication:
| Scenario | Result under Section 246 BSA |
|---|---|
| A written will states “X begets ₹5 lakh” | You cannot claim orally it should be ₹7 lakh |
| A signed lease says 2-year term | You cannot verbally claim a 3-year term |
| A letter of credit clearly stipulates payment terms | You cannot contradict them via oral testimony |
🔍 Summary:
In essence, Section 246 ensures that when a document exists and is admissible, it is authoritative—and its terms are binding in legal scrutiny. Oral statements cannot be employed to alter or challenge it. This aligns with common law principles reflected in earlier versions of the Evidence Act.
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