Code: Section 101 Bharatiya Sakshya Adhiniyam, 2023
Evidence may be given to show the meaning of illegible or not commonly
intelligible characters, of foreign, obsolete, technical, local and regional expressions, of
abbreviations and of words used in a peculiar sense.
Illustration.
A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools.
Evidence may be given to show which he meant to sell.
Explanation of Section 101 BSA
Section 101 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, allows the court to admit evidence that clarifies the meaning of unclear, ambiguous, or technical language used in documents. This includes:
- Illegible or not commonly intelligible characters
- Foreign or obsolete terms
- Technical, scientific, or industry-specific language
- Local or regional expressions
- Abbreviations
- Words used in a special or personal sense
This provision ensures that legal documents are interpreted accurately, according to the intention behind their wording rather than their literal meaning alone.
Key Takeaways:
- Enables clarification of unclear or specialized language
- Supports fair interpretation of documents and agreements
- Encourages context-based understanding of terms
Illustration
In the example provided:
A sculptor (A) agrees to sell to B “all my mods.” The word “mods” could mean either “models” (finished sculptures) or “modelling tools” (equipment).
Under Section 101, evidence can be introduced to clarify what A intended to sell. This might include:
- Verbal communication between A and B
- Usage of the term “mods” in previous interactions
- Expert testimony explaining industry usage
Common Questions and Answers on Section 101 BSA
- What does Section 101 allow?
- It allows parties to present evidence to explain unclear or unusual language used in written documents.
- Can this evidence contradict the written terms?
- No, it can only clarify the meaning of vague or ambiguous terms, not override clearly stated clauses.
- When is this section most commonly used?
- In cases involving contracts with technical language, abbreviations, or non-standard usage.
- Is expert testimony allowed?
- Yes, expert witnesses may explain the meaning of terms used in specialized fields.
- How is this different from general interpretation rules?
- Section 101 specifically permits explanatory evidence when the language itself is not commonly intelligible or is context-specific.
Conclusion
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 plays an essential role in ensuring fair legal interpretation. By allowing courts to consider evidence regarding unclear or specialized terms, it supports accurate understanding of parties’ intentions and promotes just outcomes.
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