Section 94 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 94 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 94: Evidence of Terms of Contracts, Grants, and Other Dispositions of Property Reduced to Form of Document
Text of Section 94:
When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.(writinglaw.com)
Exceptions:
Public Officer Appointment: When a public officer is required by law to be appointed in writing, and it is shown that a particular person has acted as such officer, the writing by which he is appointed need not be proved.(lawfyi.io)
Wills: Wills admitted to probate in India may be proved by the probate.(mynation.net)
Explanations:
This section applies equally to cases in which the contracts, grants, or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.(writinglaw.com)
Where there are more originals than one, one original only need be proved.(taxmanagementindia.com)
The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.(jurisquest.com)
Illustrations:
If a contract is contained in several letters, all the letters in which it is contained must be proved.(writinglaw.com)
If a contract is contained in a bill of exchange, the bill of exchange must be proved.(aaptaxlaw.com)
If a bill of exchange is drawn in a set of three, one only need be proved.(jurisquest.com)
A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.(mynation.net)
A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.(jurisquest.com)
🔍 Meaning and Application
Section 94 emphasizes the importance of documentary evidence in proving the terms of contracts, grants, or other dispositions of property. When the terms of such agreements are documented, the document itself is the primary evidence. Oral evidence cannot be used to contradict, vary, add to, or subtract from the terms of the document.(taxmanagementindia.com, writinglaw.com)
Key Points:
Primary Evidence: The actual document is the primary evidence of its contents.(legitquest.com)
Secondary Evidence: If the original document is unavailable, secondary evidence may be admissible under certain conditions.
Exceptions: There are specific exceptions where oral evidence may be admissible, such as proving the existence of a separate oral agreement not inconsistent with the written document.(writinglaw.com)
⚖️ Illustrative Example
Scenario:
A and B enter into a written contract for the sale of goods.
Later, a dispute arises regarding the delivery terms.(kanoongpt.in)
The written contract clearly outlines the delivery terms.
Application of Section 94:
In this case, the written contract is the primary evidence.
Oral evidence attempting to alter the delivery terms in the contract would generally not be admissible.
However, if there is a separate oral agreement regarding a different matter not covered in the written contract, oral evidence of that agreement may be admissible.
🧭 Purpose and Importance
Certainty and Clarity: Ensures that the terms of contracts and agreements are clear and unambiguous.
Prevents Fraud: Reduces the risk of fraudulent claims or alterations to the terms of agreements.
Promotes Fairness: Ensures that all parties are bound by the documented terms, promoting fairness in legal proceedings.
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