INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
94. Exclusion of evidence against application of document to existing facts.
97. Exclusion of evidence against application of document to existing facts.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
94. Exclusion of evidence against application of document to existing facts. –– When 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.
Illustration
A sells to B, by deed, “my estate at Rampur containing 100 bighas”. A has an estate at Rampur containing
100 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.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
97. Exclusion of evidence against application of document to existing facts.—When 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.
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.
Current law India Code — BSA 2023