Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
What this section does
When the terms of a contract, grant, or other disposition of property have been reduced to writing, or where law requires a matter to be in writing, no oral or other evidence may be given to prove those terms — only the document itself or admissible secondary evidence is permitted. Two exceptions exist: proof of appointment of a public officer in writing, and wills admitted to probate proved by the probate. The section applies whether the transaction is in one or more documents.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The best-evidence / document-exclusivity rule: terms of a written contract, grant, or disposition must be proved by the document itself, not by oral evidence.
When it applies
- A contract contained in a series of letters must be proved by producing all those letters, not by oral testimony about their contents.
- A bill of exchange must itself be produced to prove the contract it embodies; oral evidence of its terms is inadmissible.
Practitioner note
Explanation 3 preserves the admissibility of oral evidence as to collateral facts mentioned incidentally in a document. Illustration (d) and (e) confirm that oral evidence of facts other than the contractual terms themselves remains admissible.
Derived from IEA s.91.
Read the official text
For the binding statutory text of BSA Section 94, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 94 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.