Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Evidence as to Document Unmeaning in Reference to Existing Facts [Section 98]

Introduction
Sometimes the language used in a document is clear and plain on its face, but when applied to existing facts, it becomes meaningless because the facts described do not exist. Section 98 addresses such situations and permits extrinsic evidence to explain the intention behind the words used.

Statutory Provision
Section 98 provides that:

• When the language used in a document is plain in itself,
• but is unmeaning in reference to existing facts,
• evidence may be given to show that it was used in a peculiar sense.

Nature of Ambiguity under Section 98

• The document is clear on its face.
• Ambiguity arises because:
  • The facts described do not exist, or
  • The description is factually incorrect.
• The document becomes unmeaning when applied to reality.
• This is a form of latent ambiguity.

Illustration
Example:

• A sells to B, by deed, “my house in Kolkata.”
• A owns no house in Kolkata.
• However, A owns a house in Howrah, and:
  • B has been in possession of that house since the execution of the deed.
• Evidence may be given to show that the words “house in Kolkata” were used in a peculiar sense to refer to the house in Howrah.

Scope and Application

• This section applies where:
  • The description is mistaken, but
  • The intention is clear from surrounding circumstances.
• Oral or extrinsic evidence is admissible to:
  • Explain the peculiar or intended meaning, and
  • Identify the subject matter correctly.
• The evidence does not contradict or vary the document.
• It merely clarifies the intended reference.

Underlying Principle

• False description does not invalidate a document, if the intention can be clearly ascertained.
• Courts prioritize:
  • Intention of parties, and
  • Substance over technical errors.
• Section 98 prevents injustice caused by clerical or descriptive mistakes.

Additional Illustration (Conceptual)

• A agrees by written deed to sell a house described as being located in a particular locality.
• It is later found that the seller has no house in that locality, but owns a house nearby:
  • Which the buyer already occupies.
• Evidence can be led to show that the house actually owned and occupied was intended to be sold.

Key Points to Remember

• Language is plain, but facts make it meaningless.
• Applies where description is wrong, not intention.
• Extrinsic evidence explains peculiar usage of words.
• Helps uphold the validity of documents despite factual errors.

Conclusion
Section 98 of the Bharatiya Sakshya Adhiniyam, 2023 allows evidence to explain a document whose language, though plain, becomes meaningless when applied to existing facts. By permitting proof of peculiar usage, the provision ensures that documents are interpreted in accordance with the true intention of the parties and are not defeated by mere descriptive mistakes.