Section 97 of Bharatiya Sakshya Adhiniyam, 2023

Exclusion of evidence against application of document to existing facts

Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) | In force from 1 July 2024

What does Section 97 BSA provide?

Section 97 is part of Chapter VI of the Bharatiya Sakshya Adhiniyam, 2023, which deals with the exclusion of oral evidence by documentary evidence. The provision applies where the language of a document is clear by itself and also fits the existing facts accurately.

Section 97 - Statutory rule

When the 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.

In practical terms, where the words of a document are unambiguous and those words correctly identify the relevant property, person, transaction or other existing fact, a party cannot ordinarily introduce outside evidence merely to show that the document was intended to refer to something else.

Illustration under Section 97

A sells to B, by deed, "my estate at Rampur containing one hundred bighas". A has an estate at Rampur containing one hundred 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.

The illustration shows the basic principle: when the written description exactly matches an existing subject matter, the clear words of the document control. External evidence cannot be used simply to substitute a different subject matter for the one accurately described.

Essential requirements of Section 97

  • The relevant terms must be contained in a document.
  • The language used in the document must be plain and unambiguous in itself.
  • The language must accurately apply to existing facts.
  • A party seeks to introduce evidence to show that the document was intended to apply to different facts.
  • Where these conditions are satisfied, such contrary external evidence is excluded by Section 97.

Purpose and legal effect

Section 97 protects the certainty of written instruments. Once the language of a document is clear and its description fits the real facts without ambiguity, the written terms are not displaced by oral or other extrinsic evidence asserting a different intention.

The provision therefore operates as a rule concerning the admissibility of evidence used to contradict the natural application of clear documentary language. It should be read with the surrounding provisions in Chapter VI, especially Sections 94 to 103 of the Bharatiya Sakshya Adhiniyam, 2023.

Difference between Sections 96, 97 and 98 BSA

Section 96 concerns a document whose language is ambiguous or defective on its face. Section 97 applies where the language is clear and accurately fits existing facts. Section 98 deals with the different situation where the language is plain in itself but becomes unmeaning when applied to existing facts. Reading these provisions together helps determine when external evidence is excluded and when explanatory evidence may become relevant.

Related provisions

Section 94 - Evidence of terms of contracts, grants and other dispositions of property reduced to form of document Section 95 - Exclusion of evidence of oral agreement Section 96 - Exclusion of evidence to explain or amend ambiguous document Section 98 - Evidence as to document unmeaning in reference to existing facts Section 99 - Evidence as to application of language which can apply to one only of several persons Section 100 - Evidence as to application of language to one of two sets of facts

Official legal source

For the authoritative text and current status of the Bharatiya Sakshya Adhiniyam, 2023, refer to the official India Code record and the commencement notification issued by the Ministry of Home Affairs.

Note: This page is intended as a general legal information resource. For litigation, drafting or case-specific advice, the statutory text and applicable judicial decisions should be examined in the context of the particular facts.