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Evidence Act Section 94 in BSA: Section 97

Exclusion of evidence against application of document to existing facts

Section 94 of the Indian Evidence Act, 1872 (Exclusion of evidence against application of document to existing facts) corresponds to Section 97 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

Text of BSA Section 97

97. 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.

Asells 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.

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