Indian Evidence Act, 1872 → Bharatiya Sakshya Adhiniyam, 2023
IEA 91BSA 94
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Canonical: https://www.vakilpedia.com/iea-91-to-bsa
What changed
- No change.
Drafting-ready
Under Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 91 of the Indian Evidence Act, 1872)...
Bare act text — BSA 94
94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.—When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.—Wills admitted to probate in India may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2.—Where there are more originals than one, one original only need be proved. 34 Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations. (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.
Frequently asked
What is IEA 91 equivalent in BSA?
IEA Section 91 (Evidence of terms of contracts, grants and other dispositions of property reduced to form of document) corresponds to Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between IEA 91 and BSA 94?
No change.
How do I cite BSA 94 in a pleading?
Under Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 91 of the Indian Evidence Act, 1872)...
Need another section? The full converter covers IEA to BSA, CrPC to BNSS and IEA to BSA.
Open the converterNearby IEA sections
- IEA 87 → BSA 89 — Presumption as to books, maps and charts
- IEA 88A → BSA 90 — Presumption as to electronic messages
- IEA 89 → BSA 91 — Presumption as to due execution, etc., of documents not produced
- IEA 90 → BSA 92 — Presumption as to documents thirty years old
- IEA 90A → BSA 93 — Presumption as to electronic records five years old
- IEA 92 → BSA 95 — Exclusion of evidence of oral agreement
- IEA 93 → BSA 96 — Exclusion of evidence to explain or amend ambiguous document
- IEA 94 → BSA 97 — Exclusion of evidence against application of document to existing facts
- IEA 95 → BSA 98 — Evidence as to document unmeaning in reference to existing facts
- IEA 96 → BSA 99 — Evidence as to application of language which can apply to one only of several persons