Section 96 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 96 of the Bharatiya Sakshya Adhiniyam, 2023
Provision:
Exclusion of evidence to explain or amend ambiguous document.
Text:
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
Illustrations:
(a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show which price was to be given.(aaptaxlaw.com)
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.(aaptaxlaw.com)
Detailed Explanation
1. Purpose of Section 96
Section 96 of the Bharatiya Sakshya Adhiniyam, 2023, addresses situations where a document's language is unclear or defective. It prohibits the introduction of external evidence to clarify or correct such ambiguities. This provision ensures that the document, as written, stands as evidence, preventing parties from introducing extraneous facts to alter its meaning.(testbook.com)
2. Key Provisions
Ambiguity or Defect: If a document's language is inherently ambiguous or defective, it cannot be explained or amended by introducing external evidence.
No External Evidence: Parties cannot present facts outside the document to clarify its meaning or fill in any blanks.(testbook.com)
3. Practical Implications
Legal Certainty: This section upholds the principle that the written word in a document is final, promoting certainty and reliability in legal agreements.
Prevention of Manipulation: It prevents parties from introducing evidence that could unfairly alter the document's original intent.
Encouragement of Clarity: Parties are encouraged to draft documents with clear and precise language to avoid ambiguities.
4. Limitations
While Section 96 upholds the integrity of written documents, it does not preclude the use of other legal provisions that may allow for the interpretation of ambiguous terms in specific contexts, such as Section 97, which deals with the application of language in documents.
Summary
Section 96 of the Bharatiya Sakshya Adhiniyam, 2023, emphasizes the importance of clarity in written documents by excluding the introduction of external evidence to explain or amend ambiguous or defective language. This provision ensures that the document's language, as written, is upheld, promoting legal certainty and fairness.
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