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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Evidence as to the Application of Language to One of Two Sets of Facts [Section 100]
Introduction
Sometimes the language used in a document does not fully or correctly apply to any one set of facts. Instead, it partly applies to two different existing sets of facts, creating ambiguity as to which was intended by the parties. Section 100 provides a rule to resolve such ambiguity.
Statutory Provision
Section 100 states that:
Nature of Ambiguity under Section 100
Illustration
Scope and Application
Rationale of the Section
Key Points to Remember
Conclusion
Section 100 of the Bharatiya Sakshya Adhiniyam, 2023 permits extrinsic evidence where documentary language imperfectly applies to two existing factual situations. By allowing clarification through evidence, the provision ensures that documents are interpreted in line with the true intention of the parties and justice is not defeated by technical ambiguities.
Introduction
Sometimes the language used in a document does not fully or correctly apply to any one set of facts. Instead, it partly applies to two different existing sets of facts, creating ambiguity as to which was intended by the parties. Section 100 provides a rule to resolve such ambiguity.
Statutory Provision
Section 100 states that:
- When the language used in a document applies partly to one set of existing facts and partly to another set of existing facts,
- but does not apply correctly to either set as a whole,
- then evidence may be given to show to which of the two sets of facts the language was intended to apply.
Nature of Ambiguity under Section 100
- The ambiguity arises not from unclear words, but from uncertain application of clear words.
- The document refers to two existing factual situations, but fits neither perfectly.
- This is a case of latent ambiguity, which becomes apparent only when the document is applied to facts.
Illustration
- A agrees to sell to B “my land at X in the occupation of Y.”
- A owns:
- Land at X, but it is not occupied by Y, and
- Land occupied by Y, but it is not situated at X.
- The description partly fits both properties but fully fits neither.
- Evidence may be given to show which land A actually intended to sell.
Scope and Application
- This section allows extrinsic evidence to:
- Clarify intention of the parties
- Identify the correct subject matter of the document
- The evidence does not contradict or vary the document, but explains its application.
Rationale of the Section
- The law aims to give effect to the true intention of the parties rather than invalidate the document.
- Rejecting such documents would lead to injustice where intention is clear but description is imperfect.
- Section 100 enables courts to resolve practical ambiguities arising from imperfect drafting.
Key Points to Remember
- Applies only when two existing sets of facts are involved.
- Language must apply partly to both, but completely to neither.
- Evidence is admissible only to identify the intended facts, not to alter the document.
Conclusion
Section 100 of the Bharatiya Sakshya Adhiniyam, 2023 permits extrinsic evidence where documentary language imperfectly applies to two existing factual situations. By allowing clarification through evidence, the provision ensures that documents are interpreted in line with the true intention of the parties and justice is not defeated by technical ambiguities.
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