Section 100 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Let's delve into Section 100 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 100: Evidence as to Application of Language to One of Two Sets of Facts, to Neither of Which the Whole Correctly Applies
Text of Section 100:
"When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply."(aaptaxlaw.com)
🔍 Understanding Section 100
Key Principle:
Section 100 addresses situations where the language used in a document or statement partially applies to two distinct sets of facts, but not entirely to either. In such cases, evidence can be presented to clarify which set of facts the language was intended to apply to.
Detailed Breakdown:
Language Application: The language used in a document or statement may describe facts that are only partially accurate or applicable to two different sets of facts.
Partial Application: The language does not fully or correctly apply to either set of facts.(aaptaxlaw.com)
Presentation of Evidence: To resolve the ambiguity, evidence can be introduced to demonstrate which set of facts the language was intended to describe.(thelawadvice.com)
Illustration:
A agrees to sell to B "my land at X in the occupation of Y." A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell.(aaptaxlaw.com)
⚖️ Importance of Section 100
Clarification of Ambiguities: This section allows for the clarification of ambiguous language in documents, ensuring that the true intent of the parties involved is understood.
Prevention of Misinterpretation: By permitting the introduction of evidence to explain the intended application of language, it helps prevent misinterpretations that could arise from vague or incomplete descriptions.(aaptaxlaw.com)
Ensuring Fairness: It ensures fairness in legal proceedings by allowing all relevant facts to be considered, even when the language used does not perfectly align with the facts.
📌 Example to Illustrate
Scenario: A person, Ravi, agrees to sell a piece of land to Sita, describing it as "my land at Market Street in the possession of Raj." Ravi owns a piece of land on Market Street, but it is not in Raj's possession. He also owns another piece of land that is in Raj's possession, but it is located on Temple Road.(kanoongpt.in)
Application of Section 100:
Ambiguity: The description provided by Ravi could apply to either of the two pieces of land, but neither description is entirely accurate for both.
Introduction of Evidence: To resolve this ambiguity, Ravi and Sita may present evidence, such as photographs, documents, or testimonies, to clarify which piece of land was intended to be sold.
Resolution: The court will consider the presented evidence to determine which piece of land the language was meant to apply to, ensuring that the agreement reflects the true intent of the parties.(legitquest.com)
🧭 Summary
Purpose: Section 100 allows for the introduction of evidence to clarify the application of language in documents when it applies partially to two different sets of facts.(bnssection.org)
Application: It ensures that the true intent of the parties is understood and prevents misinterpretations due to ambiguous language.
Objective: To promote fairness and accuracy in legal proceedings by allowing all relevant facts to be considered, even when the language used does not perfectly align with the facts.
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