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BSA · Section 97 · Chapter VI — OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Exclusion of evidence against application of document to existing facts.

What this section does

When the language of a document is plain in itself and applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to those facts. The plain-meaning rule prevents parties from contradicting unambiguous language that fits the facts perfectly.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Where documentary language is plain and accurately applies to existing facts, extrinsic evidence to show a different intended application is inadmissible.

When it applies

  • A deed sells 'my estate at Rampur containing one hundred bighas' and such an estate exists — evidence that a different estate was meant is inadmissible.
  • A written contract describes goods by a precise specification that matches existing goods — oral evidence that different goods were intended cannot be admitted.
Old-law correspondence

Derived from IEA s.94.

Read the official text

For the binding statutory text of BSA Section 97, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 97 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.