Section 99 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 99: Evidence as to Application of Language Which Can Apply to One Only of Several Persons
Text of Section 99:
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to.(jurisquest.com)
๐ง Meaning and Scope
Section 99 addresses situations where the language used in a document or statement is ambiguous and could apply to multiple persons or things. In such cases, the section allows the introduction of additional evidence to clarify which specific person or thing the language was intended to refer to.
This provision ensures that the true intent of the parties involved is ascertained, even when the language used is not entirely clear.
โ๏ธ Practical Implications
Clarification of Ambiguities: This section helps in resolving ambiguities in documents or statements by permitting the introduction of extrinsic evidence to clarify the intended reference.
Ensuring True Intent: It ensures that the actual intent of the parties is upheld, even if the language used is not precise.
Application in Various Contexts: This provision is applicable in various legal contexts, including contracts, wills, and other legal documents, where the language used may be open to multiple interpretations.
๐งพ Example
Scenario: A agrees to sell to B, for one thousand rupees, "my white horse". A owns two white horses.(lawfyi.io)
Application of Section 99: In this case, evidence may be presented to show which of the two white horses was intended to be sold to B. This could include factors like the horse's age, breed, or any distinguishing features that would indicate which horse was meant.(thelawadvice.com)
๐ Summary
Section 99 of the Bharatiya Sakshya Adhiniyam, 2023, allows for the introduction of additional evidence to clarify the application of ambiguous language in documents or statements. This provision ensures that the true intent of the parties is determined, even when the language used is not entirely clear.
RELATED Blog
0 comments