Law Maker

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

Section 95: Evidence as to document unmeaning reference 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The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.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, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.

Illustration

A sells to B, by deed, “my house in Calcutta”.

A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.

These facts may be proved to show that the deed related to the house at Howrah.

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

95. Evidence as to document unmeaning in reference to existing facts.BSA 98

Questions on this section

1 question in 7 of our papers cite Section 95.

Practise questions on Criminal Law