EVIDENCE BY

EXCLUSIONOFORAL DOCUMENTARY EVIDENCP S. 94

VI: Illustrations
CH.
landed property for along time. He produces from his
possession of showing bis titles to it.
decdsrelating
been in tothe land The custody shall be proper.
has

landed property of which he is the

custody
(a)
A

produces deeds
relating to
pOssession. The custody shall be proper.
mortgagee. The
mortgagoris in deeds relating to )lands in B's possession, which were
b) A a connection
wA, of B, produces safe custody. The custody shall be proper.
with him by Bfor
deposited Section 90 of Indian Evidence Act, 1872
Provision: old.
eponding
electronic records five years
as t o
esumption
electronic record, purporting or proved to be five years old, is
Whereany
from any custody whichthe Court in the particular case considers
I
produced presumethat the electronic signature which purports to
the
may
Court signature of any particular person was so affixed by him or
lectronic
opc;, this behalf.
the authorised by him in
ylanation,-TheExplanation to section 81 shall also apply to this section.
w pelson
ny
of Indian Evidence Act, 1872
Provision : Section 90A
oTesponding
CHAPTER VI

OF THE EXCLUSION OF ORAL EVIDENCE

t BY DOCUMENTARYEVIDENCE
and other dispositions of property
of terms of contracts, grants
Evidence
of document.
reducedto form
of a contract, or of a grant, or of any other disposition
When the ternms
94. been reduced to the form of a document, and in all
have
of property,
any matter is required by law to be reduced to the form of a
which
cases in
document, no
evidence shall be given in proof of the terms of such contract.
other disposition of property, or of such matter, except
the document
grant or secondary evidence of its contents in cases in which secondary evidence
jiself, or hereinbefore contained.
admissible under the provisions
is
Exception1 When a public officer:is required by lawto be appointedofficer.
in writing,
the
acted as such
andwhen it is shown that any particular person has
writing by which he is appointed need not be proved.
Exception 2. Wills admitted to probatein India may beproved by the probate.
Explanation l.This section applies equally to casees 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 mnore originals than one, one original only
ned be proved.
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.
S. 95 BHARATIYA SAKSHYA ADHINIYAM, 2023

llustrations 71
(a) Ifa contract be contained in several letters, all the letters in
must be proved. which it is
(b) Ifacontract is contained in a bill of exchange, the bill. of
(c) Ifa bill of exchange is drawn in a setof three,
tl exchange must
one only need be proved.
corntained
(be prove
(d) Acontrncts, in writing, with B, for the delivery of
indigo
contract mentions the fact that Bhad paid Athe price of upon certain
other indigo terms.
verbally on another occasion. Oral evidence is offered
for the other indigo. The evidence is admissible. that
(e) Agives Ba receipt for money paid by B. Oral evidence is
no
payment contracted fo
The
was made
The cvidence is adnmissible.o offered of
the
Coresponding Provision : Section 91 of Indian Evidence Act, 1872
Exclusion of evidence of oral agreement.
paymet.
95, When theterms of any such contract, grant or
or any matter required by law to be reduced other disposition
have been proved according to section 94, no
to the form of a
or statement shall be admitted, as between theevidencetoof any oral
or their representatives in interest, for the parties any such
ofdagrporcoeupementmeretnyt,,
adding to, or subtracting from, its terms: purpose of contradicting.
Provided that any fact may be proved which would invalidate
instruvarmeyinntg,
or which would entitle any person to any any
contracting party, want or failure of
decree or order
as fraud, intimidation, illegality, want of due
execution, want of do c
relating thereto;u
, such
capacity
consideration, or mistake in fact or in aany
m e n t,
Provided further that the existence of any lavw:
matter on which document is silent, and separate oral agreement as to
which is
terms, may be proved. In considering whether or not not inconsistent with its
any
Court shall have regard to the degree of formality of the this proviso applies, the
Provided also that the existence of any separate oral document:
condition precedent to the attaching of any obligationagreement, constitutinga
under any such
grant or disposition of property, may be proved: contre
Provided also that the existence of any distinct
subsequent oral agreement to
rescind or modify any such contract, grant or disposition
Cor
of property, may be
proved, except in cases in which such contract, grant or disposition Ex
is by law required to be in writing, or has been of property 96.
in force for the time being as to the registrationregistered according to the law
of documents: me
Provided also that any usage or custom by which incidents not expressly
mentioned in anycontract are usually annexed to contracts of that description,
may be proved:
Provided also that the annexing of such incident would not be repugnant to,
or inconsistent with, the express terms of the contract:
Provided also that any fact may be proved which shows in what manner the Co
language of a document is related to existing facts.
 . EXCLUSION OF ORAL EVIDENCE BY
CH.VI:
DOCUMENTARY EVIDENCE S. 96
0 Illustrations
o of
policy insurance is effected on goods "in ships from
A Kolkata to
areshippedin aparticular ship whichis lost. The
thatViparticular
sakhapatnam".
a) goods
The
wasorally excepted from the policy, cannot be proved. fact ship
b) Aagreces,absolutelyin writingto pay Bone thousand rupces on the 1st March, 2023.
at
Thefactthat, the same time, an oral agreement was made that the
not be paidtillthe 31st March, 2023, cannot be proved. money should
estatecalled "the Rampur tea cstate" is sold by a deed
(c) An property sold, The fact that land not
of the included in the which
map contains a map
had
regardedas part offthe estate and was meant to pass bythe deed always been
cannot proved.
be
d) Aentersinto a written contract with Bto work certain mines, the property of B,
uponcertain terms. A was induced to do so by a
alue. This fact may be proved. misrepresentation of B's as totheir
a suit:against Bfor the specific
) Ainstitutes performance of acontract,
that the contract may be reformed as to one of its provisions, as that,and also prays
insertedin it by mistake. A may prove that such a mistake
was madeprovision
as would by
was
law entitle him to have the contract reformed.
(9 Aorders goods ofB by aletter in which nothing is said as to the time of
t
and accepts the goods on delivery. Bsues Afor the price. Amay payment,
show thatthe
were supplied on credit for a term still unexpired. goods
e) A sells B a horse and verbally warrants him sound. A gives Ba paper in
these
ords"Bought of Aa horse for thirty thousand rupees". Bmay prove the verbal
warranty.
AN Abires lodgings of Band gives Ba card on which is
* nunees a month. Amay prove a verbal written--"Rooms, ten thousand
agreement that these terms were to include
nartial board. Ahires lodging of B for a year, and a regularly stamped
drawn up by an advOcate, is made between them. It is silent on the subjectagreement,
of board.
Amay not prove that board was included in the term verbally.
) A
applies to B for a debt due to Aby sending a receipt for the money. Bkeeps the
receipt and does not send the money. In asuit for the amount, Amay prove
this.
() AandB make a contract in writing to take effect upon the happening of a
certain
contingency. The writing is left with B who sues Aupon it. Amay show the
circumstances under which it was delivered.
Coresponding Provision : Section 92 of Indian Evidence Act., 1872
Exclusion of evidence to explain or amend ambiguous document.il
9%. When the language used in a document is, on its face,
ambiguous or
defective, evidence may not be given of facts which would show its
meaning or supply its defects.saitald o os of
IllustrationsB 80obve
(a) Aagrees, in writing, to sell a horse to Bfor"one lakh rupees or one lalkh fifty
rupees". Evidence cannot be given to show which price was to be given. thousand
(b) Adeed contains blanks.Evidence cannot be given of facts
which would show how
they were meant to be filled.
Corresponding Provision : Section 93 of Indian Evidence Act, 1872
 S. 100 BHARATIYA SAKSHYA
Exclusion of evidence against ADHIN IYAM, 2023
97. When language used ina application
of
accurately to existingfacts,document is plain in
not meant to apply to such facts. evidence itsclf. to document
may not be and
given to exswhetningit fac
Asclls to B, bv decd, "my estate at Rampur Mustration show hataipt lenwan eypr

at Rampur containing one hundred bighas.

estate meant to be sold was one situated at a contEviadiencening mayone nothundredbe biglhas
Indiandifinferent
Coresponding Proviston: Section 94 of place and of given of theAhas an
a
Evidence Act, 1872 dif erent sizefact hatestate
may

Evidence as to document unmeaning the Corr

98. When language used in a
reference to existing facts,
in a peculiar sense.
document reference
is plain in to
evidence given to existing facts,
may be itself, but is
Wh

102

Asells to B, by deed, "my

house in
he had ahouse at Howrah, of which
These facts may be proved to
KolkIllustration
at
Bhad a". Ahad
been in no house in
show thatiit
unmeaning
was useidn
Jgre

sinceKolthekata, but it
A
ane
show that
Corresponding Provision : Section 95 the possessi
deed related
of Indian
o
to n
the house atexecution apofpethears that
Atth
This

Evidence as Evi dence Act, 1872 Howrah. deed

jnter
to application of
several persons.
99. When the facts are such
language which can apply to Corr

Sav

to apply to any one, and that the one of only

one, of several persons or could not language
have beenused might have been
103

which of thosepersons or things, evidence meant

may be giventoofapply to moremeant
will
things it was intended to apply to. facts which show than Cor

(a) Aagrees to sell to B, for

one
Illustrations
horses.
(b) A agreesEvidence
may be giventhousand rupees, "my white horse". Ahas
of facts which
to show which of them was two white
accompany B to
whether Ramgarh in RajasthanRamgarh. Evidence may be
meant
or Ramgarh in given of facts showina
Utarakhand
Corresponding Provision Section 96 of Indian Evidence Act, 1872 was meant.
:
Evidence as to
application of language to one of two sets offacts, to neither
of which the whole Bu
correctly
100. When the language used applies. 10
applies partly to one set of existing facts, and
partlyto another set of existing tha
facts,but the whole of it does not aplv
correctly to either, evidence may be given fa
to show to which of the two it was
meant to apply.
Illustration
A agrees to sell to B "my land at X in theoccupation of Y". Ahas land at X, but not in the
OCcupation of Y, and he has land in the occupation of Ybut it is not at X. Evidence may be
given of facts showing which he meant to sell.
Corresponding Provision :Section 97 of Indian Evidence Act, 1872 Co
 CH. VII: OF THE
BURDEN OF PROOF
meaning of; illegible characters, etc. S. 104
lence as to
given to showthe
Evidence may be
meaning il egible or not
inteligiblecharacters, of foreign, obsolete. of
ne'ssions,of abbreviations
and of words
Illustration
used in a technipeculiar
cal, localsense,andcommonl y
regional
osellto B, "all my mods". Ahas both models and
show which he meant to sell.
be
to
given
Provision : Section 98 of Indian
Tesponding,
modelling tools. Evidence
Evidence Act, 1872
give evidence of agreement varying
ho
may
terms of
Persons who
or their document.
are not parties to a
document,
interest,,maygive evidence ofanyfacts
tending to a
varyingthe terms of the document. show representatives in
Bmake.a contract in writing that
Illustration
Bshallsell A
certain
contemporaneous
Aand
sametime, they make an oral agreement that three cotton, to be paid for on
might months deliver.
the
his
couldnotbe shown as between A and B, but it
be showncredit shall be given to A.
by C, if it
imderests.

(oresponding Provision : Section 99 of Indian

affected his
Indian
Evidence Act, 1872ri o U
Saringoff provisions of Succession Act relating to wills,
103. Nothing in this Chapter shall be taken to affect
the Indian Succession Act, 1925 (39 of any of the
1925) as to the provisions ofof
wills.
Qorresponding Provision : Section 100 of Indian
construction
Evidence Act, 1872 uodT
PART IV