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PART III ON PROOF · CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Section 96: Exclusion of evidence to explain or amend ambiguous document

The Bharatiya Sakshya Adhiniyam, 2023

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.

(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 10 of our papers cite Section 96. Try these from the free papers:

  1. 1. Under Section 96 of the BSA, when the language used in a document is, on its face, ambiguous or defective:

Practise questions on Bharatiya Sakshya Adhiniyam