Section 98 Bharatiya Sakshya Adhiniyam, 2023: Evidence as to document unmeaning in reference to existing facts

Section 98 of Bharatiya Sakshya Adhiniyam, 2023: Evidence as to document unmeaning in reference to existing facts

Official Bare Act Text

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

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.

Illustrations

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.

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

Court Sec 2(1)(a) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 98

Section 98 provides that 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 (Latent Ambiguity).

Latent Ambiguity Recognized: The language is clear on paper, but upon applying it to physical facts, an ambiguity arises (e.g. 'I sell my house in Delhi', but the vendor owns a house in Kolkata, not Delhi).
Admissibility of Extrinsic Evidence: Permits oral and circumstantial evidence to show what property was intended and the sense in which the words were used.
Equitable Remedy Against Mistake: Prevents a genuine contract from failing due to misdescription of property or erroneous boundaries.

Key Landmark Precedents:

State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court noted that latent ambiguity under Section 95 IEA (Section 98 BSA) permits extrinsic evidence to resolve factual misdescriptions in ancient deeds and family settlements.
P.K. Ramachandra Iyer v. Union of India (1984) 2 SCC 141: Affirmed that extrinsic evidence is admissible to resolve latent contradictions arising when applying plain statutory or contractual terms to real-world facts.

Courtroom Practice & Strategic Litigation Guidance:

In property disputes involving typographical errors in plot numbers or khasra numbers, lead oral evidence of actual boundary possession, municipal tax payments, and physical handing over of keys under Section 98 to correct the latent misdescription.