Bharatiya Sakshya Adhiniyam, 2023
BSA Section 97
Exclusion of evidence against application of document to existing facts
In one line
BSA Section 97 deals with exclusion of evidence against application of document to existing facts and replaces Evidence Act 94.
Bare act text — BSA 97
97. Exclusion of evidence against application of document to existing facts.
When 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. Illustration. 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.
Frequently asked
What was BSA Section 97 in the Evidence Act?
BSA Section 97 (Exclusion of evidence against application of document to existing facts) replaces Section 94 of the Indian Evidence Act, 1872. Evidence Act 94 is now BSA 97.
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Nearby BSA sections
- BSA 92 — Presumption as to documents thirty years old
- BSA 93 — Presumption as to electronic records five years old
- BSA 94 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- BSA 95 — Exclusion of evidence of oral agreement
- BSA 96 — Exclusion of evidence to explain or amend ambiguous document
- BSA 98 — Evidence as to document unmeaning in reference to existing facts
- BSA 99 — Evidence as to application of language which can apply to one only of several persons
- BSA 100 — . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- BSA 101 — Evidence as to meaning of illegible characters, etc
- BSA 102 — Who may give evidence of agreement varying terms of document