Bharatiya Sakshya Adhiniyam, 2023
Section 101 BSA: Evidence as to Meaning of Illegible Characters, etc.
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 permits evidence to be given where the wording, characters or expressions used in a document cannot be readily understood in their ordinary form. The provision helps a court determine the intended meaning of illegible writing, uncommon expressions, abbreviations and words used in a special or peculiar sense.
Text of Section 101, Bharatiya Sakshya Adhiniyam, 2023
101. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.
Illustration. A, sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell.
Meaning and Scope of Section 101
The section applies when the language or writing in a document requires explanation because its meaning cannot be understood merely by reading the document. It allows relevant explanatory evidence without rewriting the document or substituting a new bargain between the parties.
- Illegible characters: evidence may explain handwriting, symbols or characters that cannot be read clearly.
- Foreign or obsolete expressions: evidence may explain words from another language or expressions that are no longer commonly used.
- Technical expressions: expert or contextual evidence may clarify terminology used in a particular profession, trade, science or field.
- Local and regional expressions: evidence may explain words whose meaning depends on local or regional usage.
- Abbreviations: evidence may establish what an abbreviation means in the relevant context.
- Peculiar sense: evidence may show that a word was used by the parties in a special sense different from its ordinary meaning.
Why Section 101 Matters
The rule is important in contractual and documentary disputes because a court may need evidence about trade usage, local terminology, handwriting, abbreviations or specialised language before it can determine what the document actually conveys. The provision therefore supports interpretation where the difficulty lies in understanding the language or characters themselves.
Relationship with the Earlier Evidence Act
Section 101 BSA substantially corresponds to Section 98 of the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam, 2023 is the current central evidence law and came into force on 1 July 2024, subject to its repeal and saving provisions.
Related BSA Provisions
Section 101 forms part of the rules dealing with documentary evidence and the exclusion or admission of explanatory evidence. Readers may also refer to Bharatiya Sakshya Adhiniyam, 2023 for the broader structure of the Act and related provisions.
Updated: 13 September 2026. This page is intended as a general legal information resource and should be read with the current statutory text and applicable judicial decisions.