BSA Section 94 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

Summary

When the terms of a contract, a grant, or any other transfer of property have been written down in a document, and in every case where the law requires a matter to be put in writing, the only evidence that can be given to prove those terms is the document itself. Secondary evidence of the document's contents is allowed only in those situations where secondary evidence is already permitted under the earlier provisions of this law.

Exception 1: When a public officer is required by law to be appointed in writing, and it is shown that a particular person has actually acted in that role, the written document appointing that person does not need to be proved.

Exception 2: Wills that have been admitted to probate in India may be proved by producing the probate itself.

Explanation 1: This section applies equally whether the contract, grant, or transfer of property is contained in a single document or spread across more than one document.

Explanation 2: Where there is more than one original document, it is enough to prove just one of the originals.

Explanation 3: If any document contains a statement about a fact other than the facts covered by this section, that statement does not stop oral evidence from being given about that other fact.

Illustration (a): If a contract is contained in several letters, all the letters containing the contract must be proved.

Illustration (b): If a contract is contained in a bill of exchange, the bill of exchange itself must be proved.

Illustration (c): If a bill of exchange is drawn in a set of three copies, only one copy needs to be proved.

Illustration (d): A makes a written contract with B for the delivery of indigo on certain terms. The contract mentions that B had paid A the price of other indigo that was agreed verbally on another occasion. Oral evidence is offered that no payment was made for that other indigo. This evidence is admissible.

Illustration (e): A gives B a receipt for money paid by B. Oral evidence is offered of the payment itself. This evidence is admissible.

Official Text

When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.—Wills admitted to probate in India may be proved by the probate.

Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.

Explanation 2.—Where there are more originals than one, one original only need be proved.

Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.

Illustrations.

(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.

(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.

(c) If a bill of exchange is drawn in a set of three, one only need be proved.

(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

Referred to by

• BNSS §509 — Non-compliance with provisions of section 183 or section 316
• BSA §95 — Exclusion of evidence of oral agreement

Old <-> New Code Mapping

• IEA §91 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document