Evidence Act 97 vs BSA 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Section 97 of the Indian Evidence Act is now section 100 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. The wording is the same.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration. A agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
BSA section 100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration. A agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.