BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 97 — Exclusion of evidence against application of document to existing facts.
Replaces Evidence Act Section 94.
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration. A sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.
Nearby sections
- 94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
- 95 Exclusion of evidence of oral agreement.
- 96 Exclusion of evidence to explain or amend ambiguous document.
- 98 Evidence as to document unmeaning in reference to existing facts.
- 99 Evidence as to application of language which can apply to one only of several persons.
- 100 . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
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