Section 99 of the Bharatiya Sakshya Adhiniyam, 2023: Evidence to Identify One of Several Persons or Things

Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a document or statement whose language can fit any one of several persons or things, but cannot reasonably apply to more than one. In such a case, evidence of surrounding facts may be given to identify the person or thing actually intended.

Section 99 - Statutory Rule

Where the facts are such that the language used might have been intended to apply to any one of several persons or things, but could not have been intended to apply to more than one of them, evidence may be given of facts showing which particular person or thing was intended.

Illustrations under Section 99

  1. A agrees to sell to B, for one thousand rupees, "my white horse". A has two white horses. Evidence may be given of facts showing which horse was meant.
  2. A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was intended.

Meaning and Purpose of Section 99

The provision addresses a form of ambiguity that arises not because the words themselves are meaningless, but because the description can fit more than one existing person, place or thing. The Court may therefore look at relevant external facts to connect the language of the document with the specific subject that the parties intended.

In simple terms, Section 99 permits identification evidence. It does not permit a party to rewrite the document or replace its language. The evidence is used only to determine which one of several possible subjects was meant.

When Section 99 May Apply

  • The words used are capable of referring to more than one existing person or thing.
  • The language cannot sensibly have been intended to refer to all of them.
  • There is a real need to identify the particular person, place, property, object or subject intended.
  • Surrounding facts can assist the Court without contradicting or substituting the written terms.

Practical Examples

A similar issue may arise where an agreement refers to "my shop at Market Road" and the party owns two shops on that road, or where a document names a locality shared by more than one district or State. Evidence of possession, prior negotiations, conduct, location, description, price, correspondence or other relevant surrounding facts may help identify the intended subject, subject to the general rules of relevancy and admissibility.

Relationship with Nearby BSA Provisions

Sections 96 to 100 of the Bharatiya Sakshya Adhiniyam, 2023 form part of the rules governing the relationship between documentary language and external evidence.

  • Section 96 deals with exclusion of evidence to explain or amend an ambiguous document.
  • Section 97 concerns exclusion of evidence against the application of a document to existing facts.
  • Section 98 deals with language that is unmeaning in reference to existing facts.
  • Section 99 allows evidence to identify which one of several persons or things was intended.
  • Section 100 concerns language that partly applies to each of two sets of facts but wholly applies to neither.

Commencement of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force.

Official Legal Sources

For the authoritative statutory text, see the Bharatiya Sakshya Adhiniyam, 2023 on India Code. The commencement notification is available from the Ministry of Home Affairs.

Last reviewed: 13 September 2026.