Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Evidence as to the Application of Language Which Can Apply to One Only of Several Persons or Things [Section 99]
Introduction
Sometimes the language used in a document is clear in itself but becomes ambiguous when applied to facts because it fits more than one person or thing. Section 99 deals with such situations and permits the use of extrinsic evidence to identify the intended subject.

Statutory Provision
Section 99 provides that:

• When the facts are such that the language used might have been meant to apply to anyone,
• and could not have been meant to apply to more than one of several persons or things,
• then evidence may be given of facts which show which of those persons or things it was intended to apply to.

Nature of Ambiguity under Section 99

• The language of the document is plain and unambiguous on its face.
• Ambiguity arises only when the language is applied to external facts.
• The description fits more than one person or thing, but the intention was clearly for only one.
• This is a case of latent ambiguity.

Illustrations
Illustration (a):

• A agrees to sell to B “my white horse.”
• A owns two white horses.
• Evidence may be given to show which horse was intended.

Illustration (b):

• A agrees to accompany B to Ramgarh.
• There are two places named Ramgarh (e.g., Ramgarh in Rajasthan and Ramgarh in Uttarakhand).
• Evidence may be given to show which Ramgarh was meant.

Scope and Application

• This section allows oral or extrinsic evidence only to:
  • Identify the correct person or thing
  • Clarify intention where description is insufficient
• The evidence does not contradict, vary, or add to the document.
• It merely explains to whom or to what the language applies.

Judicial Illustration (Conceptual)

• Where a promissory note mentions a date according to both a local calendar and an international calendar, and the two dates differ,
• Evidence may be led to show which date was actually intended.

Rationale of the Section

• The law prioritizes intention over literal ambiguity.
• Documents should not fail merely because of imperfect identification.
• Section 99 helps courts arrive at the true intention of the parties without rewriting the document.

Key Points to Remember

• Applies when only one person or thing was intended, though several fit the description.
• Language is clear, but facts create ambiguity.
• Extrinsic evidence is admissible only for identification, not alteration.

Conclusion
Section 99 of the Bharatiya Sakshya Adhiniyam, 2023 permits extrinsic evidence where documentary language applies equally to more than one person or thing, though the intention was for only one. By allowing clarification through surrounding facts, the provision ensures fairness and accurate interpretation of documents.