Section 101 Bharatiya Sakshya Adhiniyam, 2023: Evidence as to meaning of illegible characters, etc

Section 101 of Bharatiya Sakshya Adhiniyam, 2023: Evidence as to meaning of illegible characters, etc

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.

Illustrations

A, sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 101

Section 101 admits evidence to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local, and provincial expressions, of abbreviations, and of words used in a peculiar sense.

Technical & Specialized Terms: Applies to engineering jargon, medical abbreviations, mercantile trade acronyms (e.g. CIF, FOB, EBITDA), and archaic vernacular expressions.
Illegible & Shorthand Scripts: Admits expert paleographic or linguistic testimony to decipher faded, shorthand, or archaic scripts (e.g. Modi script, Urdu revenue terms).
Intentional Clarification: Enables the court to interpret the agreement according to the true meaning understood in that specialized trade or locality.

Key Landmark Precedents:

Khoday Distilleries Ltd. v. Scotch Whisky Association (2008) 10 SCC 723: The Supreme Court examined trade expressions and technical terminology, holding that specialized mercantile meaning can be established through industry usage and expert evidence.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Examined vernacular genealogies and archaic revenue expressions using expert and linguistic evidence under Evidence Act rules.

Courtroom Practice & Strategic Litigation Guidance:

In construction disputes or fintech contracts containing complex technical algorithms or financial formulas, examine industry experts or lead specialized dictionaries under Section 101 to explain the operational trade meaning to the judge.