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Bharatiya Sakshya Adhiniyam, 2023 — Section 101: Evidence as to meaning of illegible characters, etc.

§ SECTION 101 · BSA 2023 · CHAPTER VI — EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

Evidence as to meaning of illegible characters, etc.

Some words are hard to read or specialised — illegible marks, foreign, obsolete, technical or local expressions, abbreviations, or words used in a peculiar sense. Evidence may be given to show what they mean.

How to read Section 101

The document uses hard or specialised words → evidence may show what they mean.

The trigger

The words are illegible or not commonly intelligible — foreign, obsolete, technical, local/regional, an abbreviation, or used in a peculiar sense.

The opening

Evidence may be given to show the meaning of such words.

The limit

Only to explain what the words mean — not to override a plain ordinary meaning, nor vary the terms.

The bare Act

The section in its own words — the rule and its illustration.

Section 101 · verbatim

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.

In short: a document may carry words that a court cannot read on their face — a shorthand or illegible mark — or words whose meaning is not the everyday one: a foreign or obsolete word, a technical term of a trade or science, a local or regional expression, an abbreviation, or an ordinary word the parties used in a peculiar sense. For all of these the law lets evidence in — not to change the bargain, but simply to translate the words into their intended meaning. ‘All my mods’ from a sculptor may mean his finished models or his modelling tools; evidence may show which.

→ This carries forward IEA 1872 § 98 — evidence to explain hard or specialised language.

Glossary

illegible / not commonly intelligible characters

Marks that cannot be read, or a script or shorthand ordinary people cannot understand.

foreign, obsolete expressions

Words from another language, or no longer in current use.

technical expressions

Terms of art belonging to a trade, science or profession.

local and regional expressions

Words peculiar to a place or region.

abbreviations

Shortened forms whose full sense is not obvious.

words used in a peculiar sense

Ordinary words the parties used with a special, non-ordinary meaning.

The picture

Hard or specialised words in, their intended meaning out.

hard / specialised words• illegible · not intelligible• foreign · obsolete• technical• local · regional• abbreviations• words in a peculiar senseevidence MAY show theMEANING of the wordsexplains the meaningonlynot a new term / new bargaintranslates the words into their intended meaning — it does not rewrite the deal

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleHard or specialised words — evidence may show what they mean

In one lineWhere a document uses illegible, foreign, obsolete, technical, local or regional words, abbreviations, or words in a peculiar sense, evidence may be given to show their meaning.
1The words are hardillegible orspecialised2their meaning isnot plain onthe face3→ evidence ALLOWEDto show whatthey meanevidence translates hard or specialised words into their intended meaning
Evidence may be given to show the meaning of→ the door: evidence explains the meaningevidence may be given to show what the words mean…
illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.the seven kinds of hard words…of illegible/unintelligible marks, foreign, obsolete, technical, local/regional words, abbreviations, and words in a peculiar sense.
ExampleA deed uses the word “moiety”. It is not an everyday word — so evidence may be given that, in law, it means a half-share.
✗ Not thisThis lets evidence explain the meaning of hard or specialised words. It does not let you contradict words whose ordinary meaning is plain, nor vary the terms — and where the words plainly fit the facts, § 97 keeps evidence out.

the seven kindsIllegible · foreign · obsolete · technical · local · abbreviations · peculiar sense

In one lineSeven categories of words whose meaning evidence may explain — shown by the sculptor’s “all my mods”, an abbreviation that could mean his models or his modelling tools.
illegiblemarks that cannot be readforeignanother languageobsoleteno longer in usetechnicala term of artlocal / regionalpeculiar to a placeabbreviationsa shortened formpeculiar sensea special meaning→ evidence explains eachfor every kind, evidence may be given to show the intended meaning of the words.
A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools.‘mods’ — an abbreviation fitting two thingsthe shortened word could mean his finished models or his modelling tools.
Evidence may be given to show which he meant to sell.→ evidence shows which he meantevidence may be given to show which sense of ‘mods’ the parties intended.
Example‘All my mods’ is an abbreviation. From a sculptor it could mean his finished models or his modelling tools — so evidence may be given to show which he meant.
✗ Not thisEvidence explains the ambiguous abbreviation — it does not add things outside ‘mods’, nor change the price or other terms of the sale.

Connected provisions

§ 98

Peculiar sense

Where plain words fit no fact and must be read in a peculiar sense.

§ 100

Two sets of facts

Where language fits two sets of facts partly — which was meant.

§ 102 · next

Who may give evidence

Persons who may give evidence of an agreement varying a document’s terms.

lineage

IEA 1872, § 98

Carried forward — evidence to explain hard or specialised language.