Exclusion of evidence against application of document to existing facts
Section 94 of the Indian Evidence Act, 1872 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 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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 100 bighas”. A has an estate at Rampur containing 100 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 94, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 97 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 The repealed enactment still governs what happened while it was in force.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.
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.
-
… properties were treated as joint family properties without giving effect to the provisions of Sections 91 and 92 of the Indian Evidence Act? B) Whether the Courts below are correct in believing the oral evidence by excluding the documentary evidence under Exs.A3 to A11 which would be contrary to the provisions of Section 94 of the Indian Evidence Act? C) Whether the Courts below have rendered perverse findings by ignoring the material and admitted evidence under Exs.A3 to A11 so as to deny the legitimate share of the plaintiff in the suit properties? > D) Whether the Court below is right in …
-
… no.2 executed the work by successfully completing only 60% of the underground cable and did not complete 40% of the work and out of the 60% assigned work only 10% of underground laying cables was made up to date with respect to point-to-point jointing/joining work. It is settled that the documents speak for itself. Section 94 of the Indian Evidence Act, 1872 provides when language used in a document is plain, 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 work certificate reads thus: "work certificate It …
-
… actually did not go to the spot and handed over possession of that land to opponent No.2, otherwise also there is evidence on record that, portions which came to the shares of Ashok Kasar and Sharad Kasar were sold out by them to opponents No.1 and 2, as per the entries mentioned in the partition deed Exh.60. 33] Sections 91, 92 and 94 of the Indian Evidence Act, 1872 in this regard would come into picture. Those speak J-Civil M.A. No.62-22.doc …..20/- about "exclusion of oral by documentary evidence". As per section 91 of the Act, "when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the …
Questions about Section 94
What does Section 94 of the Indian Evidence Act deal with?
Section 94 of the Indian Evidence Act 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 94 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 94, section 94 IEA, section 94 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 94 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 97 (Exclusion of evidence against application of document to existing facts), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 94 of the Indian Evidence Act come into force?
Section 94 of the Indian Evidence Act, cited as IEA 94, 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.