Evidence as to document unmeaning in reference to existing facts
Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 deals with evidence as to document unmeaning in reference to existing facts. 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. The Act came into force on 01 Jul 2024.
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.
Section 98, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 95 Evidence as to document unmeaning in reference to existing facts Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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 98
What does Section 98 of the Bharatiya Sakshya Adhiniyam deal with?
Section 98 of the Bharatiya Sakshya Adhiniyam is headed "Evidence as to document unmeaning in reference to existing facts". 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.
How do I find court cases under Section 98 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 98, section 98 BSA, section 98 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bovine serum albumin 98. 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 98 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 95 (Evidence as to document unmeaning in reference to existing facts), so the judgments decided under that provision are the case law on this one.
When did Section 98 of the Bharatiya Sakshya Adhiniyam come into force?
Section 98 of the Bharatiya Sakshya Adhiniyam, cited as BSA 98, 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.