Law Maker

CHAPTER VI.––OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

Section 94: Exclusion of evidence against application of document to existing facts

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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 100 bighas”. A has an estate at Rampur containing 100 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.

Now in the BSA

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

94. Exclusion of evidence against application of document to existing facts.BSA 97

Questions on this section

1 question in 7 of our papers cite Section 94.

Practise questions on Criminal Law