Section 94 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 94 – BSA 2023 (Exclusion of Oral Evidence for Terms in Documents)
1. Purpose of Section 94
Section 94 establishes the rule that when the terms of a contract, grant, or other disposition of property have been recorded in writing, the written document becomes the primary evidence. Oral statements or verbal agreements cannot be used to prove or contradict those terms.
This ensures certainty, reliability, and consistency in legal proceedings by giving preference to written documents over oral testimony when terms have been documented.
2. Main Rule
If the terms of a contract or grant are reduced to writing, those terms must be proved by producing the document itself.
Only secondary evidence of the document may be used in special circumstances, such as when the original document is lost or destroyed.
Oral evidence cannot be used to prove the terms contained in the written document.
3. Exceptions to the Rule
Section 94 provides specific situations where oral evidence may still be admitted:
Appointment of Public Officers:
If a person has been appointed to a public office in writing, and has acted in that office, oral evidence can be used to establish authority without producing the written appointment.
Wills Admitted to Probate:
If a will has been admitted to probate, it can be proved by the probate certificate rather than the original will.
4. Explanations
Multiple Documents:
If the terms are spread across more than one document, all relevant documents must be considered collectively.
Multiple Originals:
If there are several originals of the same document, proving one original is sufficient.
Facts Outside Terms:
Oral evidence may still be allowed to prove facts not included in the written terms, as Section 94 applies only to the terms of the document itself.
5. Illustrations (Practical Examples)
Contract Letters:
If a contract’s terms are recorded across several letters, the court will rely on the letters themselves; oral statements about those terms are excluded.
Bill of Exchange:
The terms of a bill must be proved by the bill itself. Oral testimony about the bill’s terms is not allowed.
Payment Outside Terms:
If the written document mentions a past payment, oral evidence may still be admitted to prove that payment, as it is not part of the terms recorded in the document.
Multiple Originals:
When a document exists in multiple originals, presenting one original is sufficient; no oral evidence is needed.
6. Legal Significance
Section 94 strengthens the credibility of written documents in legal proceedings.
It prevents parties from contradicting or altering written terms with oral statements.
Encourages parties to reduce important agreements to writing, knowing that courts will rely on the documented terms.
7. Relationship with Section 95
Section 95 complements Section 94 by stating that oral evidence cannot be used to contradict, modify, or add to terms of a document, except in cases such as fraud, mistake, or improper execution.
8. Summary Table
| Feature | Section 94 – BSA 2023 |
|---|---|
| Purpose | Written terms are primary evidence; oral evidence excluded |
| Applies to | Contracts, grants, and property dispositions reduced to writing |
| Main Rule | Terms must be proved by document or admissible secondary evidence |
| Exceptions | Appointment of public officers, wills admitted to probate |
| Key Explanations | Multiple documents, multiple originals, facts outside the written terms |
| Effect | Ensures certainty, prevents oral contradictions, strengthens written records |
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