Exclusion of evidence to explain or amend ambiguous document
Section 93 of the Indian Evidence Act, 1872 deals with exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations (a) A agrees, in writing, to sell a horse to B for “Rs. 1,000 or Rs. 1,500”. Evidence cannot be given to show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.
Section 93, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 96 Exclusion of evidence to explain or amend ambiguous document 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 The repealed enactment still governs what happened while it was in force.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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… If, on a fair construction, the, condition mentioned in the document is held to be vague or uncertain, no evidence can be admitted to remove the said vagueness or uncertainty. The provisions of Section 93 of the Indian Evidence Act are clear on this point. It is the language of the document alone that will decide the question. It would not be open to the parties or to the court to attempt to remove the defect of vagueness or uncertainty by relying upon any extrinsic evidence. Such an attempt would really mean …
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… Learned Counsel for the respondent placed reliance on Section 29 of the Indian Contract Act, 1872. 37. Learned Counsel for the respondent placed reliance on Section 93 of the Indian Evidence Act, 1872 and would submit that since the documents relied upon by the respondent were not ambiguous or uncertain or vague, no oral evidence could be laid to prove contrary to the contents of the documents. He submits that no comment can be made by this Court on the issue of novation, since …
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… Learned Counsel for the respondent placed reliance on Section 29 of the Indian Contract Act, 1872. 37. Learned Counsel for the respondent placed reliance on Section 93 of the Indian Evidence Act, 1872 and would submit that since the documents relied upon by the respondent were not ambiguous or uncertain or vague, no oral evidence could be laid to prove contrary to the contents of the documents. He submits that no comment can be made by this Court on the issue of novation, since …
Questions about Section 93
What does Section 93 of the Indian Evidence Act deal with?
Section 93 of the Indian Evidence Act is headed "Exclusion of evidence to explain or amend ambiguous document". When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
How do I find court cases under Section 93 of the Indian Evidence Act?
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: IEA 93, section 93 IEA, section 93 of the Indian Evidence Act. 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 93 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 96 (Exclusion of evidence to explain or amend ambiguous document), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 93 of the Indian Evidence Act come into force?
Section 93 of the Indian Evidence Act, cited as IEA 93, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.