Section 97 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
📜 Section 97: Exclusion of Evidence Against Application of Document to Existing Facts
Text of Section 97:
When the 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.(apnilaw.com)
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.(myjudix.com)
🧠 Understanding Section 97
Section 97 addresses situations where the language in a document is clear and unambiguous, and it accurately describes existing facts. In such cases, the law prohibits introducing evidence to suggest that the document was intended to apply to different facts. This provision ensures that the document's plain meaning is upheld without external interference.
⚖️ Legal Context and Application
This section is particularly relevant in legal disputes involving written documents, such as contracts, deeds, or agreements. It prevents parties from introducing extrinsic evidence to alter or contradict the clear terms of a document. The intent is to uphold the integrity of written agreements and ensure that their plain language governs the interpretation.
Example:
If a deed states, "I sell my estate at Rampur containing one hundred bighas," and the seller indeed owns such an estate, the buyer cannot introduce evidence to claim that the seller intended to sell a different property. The document's clear terms take precedence.(lawfyi.io, kanoongpt.in)
📌 Significance of Section 97
Prevents Ambiguity: It ensures that clear and unambiguous documents are not challenged with conflicting evidence.
Upholds Written Agreements: The section reinforces the principle that written agreements should be honored as they are, without external modifications.
Promotes Legal Certainty: By limiting the introduction of extrinsic evidence, it provides certainty and predictability in legal transactions.
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