Bharatiya Sakshya Adhiniyam, 2023
BSA Section 98
Evidence as to document unmeaning in reference to existing facts
In one line
BSA Section 98 deals with evidence as to document unmeaning in reference to existing facts and replaces Evidence Act 95.
Bare act text — BSA 98
98. Evidence as to document unmeaning in reference to existing facts.
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration. A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.
What changed from the Evidence Act
- Evidence Act 95 → BSA 98: In illustrations, " Calcutta" is replaced by "Kolkata".
Frequently asked
What was BSA Section 98 in the Evidence Act?
BSA Section 98 (Evidence as to document unmeaning in reference to existing facts) replaces Section 95 of the Indian Evidence Act, 1872. Evidence Act 95 is now BSA 98.
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Nearby BSA sections
- 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 97 — Exclusion of evidence against application of document 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
- BSA 103 — Saving of provisions of Indian Succession Act relating to wills