Bharatiya Sakshya Adhiniyam, 2023 · Chapter VI: Of the Exclusion of Oral Evidence by Documentary Evidence
Section 98: Evidence as to document unmeaning in reference to existing facts
In plain words
When the language of a document is plain but makes no sense in relation to existing facts, evidence can be given to show it was used in a special sense.
Example: A sells B "my house in Kolkata", but A had no house in Kolkata and B has been living in A's house at Howrah since the deed. These facts can be proved to show the deed meant the Howrah house.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration
A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 98
No Supreme Court judgment in our database cites this section yet.