Exclusion of evidence against application of document to existing facts
Section 97 of the Bharatiya Sakshya Adhiniyam, 2023 deals with exclusion of evidence against application of document to existing facts. 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. The Act came into force on 01 Jul 2024.
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.
A sells 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.
Section 97, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 94 Exclusion of evidence against application of document to existing facts Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 97
What does Section 97 of the Bharatiya Sakshya Adhiniyam deal with?
Section 97 of the Bharatiya Sakshya Adhiniyam is headed "Exclusion of evidence against application of document to existing facts". 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.
How do I find court cases under Section 97 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 97, section 97 BSA, section 97 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 97 palembang. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 97 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 94 (Exclusion of evidence against application of document to existing facts), so the judgments decided under that provision are the case law on this one.
When did Section 97 of the Bharatiya Sakshya Adhiniyam come into force?
Section 97 of the Bharatiya Sakshya Adhiniyam, cited as BSA 97, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.