Section 98 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
๐ Section 98 โ Evidence as to Document Unmeaning in Reference to Existing Facts
Text of Section 98:
"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."(aaptaxlaw.com)
๐งพ Key Provisions Explained:
Plain Language in a Document:
The section applies when the language used in a document is clear and unambiguous on its face.
Unmeaning in Reference to Existing Facts:
Despite the clarity of the language, the document's terms may not align with the actual facts or circumstances.
Admissibility of Evidence:
In such cases, evidence can be introduced to demonstrate that the terms were used in a specific, peculiar, or unconventional sense, differing from their ordinary meaning.(aaptaxlaw.com)
โ๏ธ Significance of Section 98:
Clarification of Ambiguous Terms:
This provision allows for the clarification of terms that, while clear in language, may not correspond to the actual facts, ensuring that the document's intent is accurately understood.
Prevention of Misinterpretation:
It helps prevent the misinterpretation of documents where the language used may be technically correct but contextually misleading.
Ensuring Justice:
By permitting the introduction of evidence to explain the peculiar use of terms, the section ensures that justice is served by considering the true intent behind the document.(taxguru.in)
๐งโโ๏ธ Illustrative Example:
Scenario:
Ravi enters into a written agreement to sell his "car in Mumbai" to Suresh. However, Ravi does not own a car in Mumbai but owns a car in Pune, which Suresh has been using for the past few months.(kanoongpt.in)
Application of Section 98:
Under Section 98, evidence can be provided to show that the term "car in Mumbai" was used in a peculiar sense to actually refer to the car in Pune that Suresh has been using. This evidence clarifies the intent behind the language used in the document.(kanoongpt.in)
๐ Summary:
Aspect
Provision
Language Used
Plain and unambiguous on the face of the document.
Reference to Facts
May not align with existing facts or circumstances.
Admissibility of Evidence
Evidence can be introduced to show that terms were used in a peculiar or unconventional sense.
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