Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Evidence as to the Meaning of Illegible Characters, etc.[Section 101]

Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Evidence as to the Meaning of Illegible Characters, etc.[Section 101]
Introduction
Sometimes documents placed before the court contain words, characters, or expressions whose meaning is not clear to ordinary persons. These may be illegible, technical, foreign, obsolete, or used in a special sense. In such cases, the court may require external assistance to understand the true meaning of the document.
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 addresses this issue.

Statutory Provision
Section 101 provides that evidence may be given to explain the meaning of:

1. Foreign, obsolete, technical, local, or regional expressions
2. Abbreviations
3. Words used in a peculiar or special sense

Nature and Scope of Section 101

• This section allows extrinsic evidence to explain words or characters that are:
  • Illegible
  • Not commonly intelligible
  • Known only to persons with special skill or knowledge
• Such documents are not treated as ambiguous merely because the court lacks technical or specialized knowledge.
• The object is to ascertain the real intention of the parties and the true meaning of the document.

Illustration

• A, a sculptor, agrees in writing to sell to B “all my mods.”
• A possesses both:
  • Models, and
  • Modelling tools
• The word “mods” is ambiguous and technical.
• Evidence may be given to show what A intended to sell.

Evidence Permitted under Section 101

• Expert evidence may be given by:
  • Persons skilled in a particular trade or profession
  • Persons familiar with local or regional usage
• Evidence may also be given by persons who understand:
  • Technical terms
  • Abbreviations
  • Expressions used in a special or peculiar sense

Rationale of the Section

• Courts are not expected to possess technical, professional, or local knowledge of all fields.
• Justice demands that documents should be interpreted:
  • In the sense intended by the parties
  • According to the usage understood by persons familiar with such terms
• Section 101 prevents rejection of documents merely due to lack of clarity to the court.

Conclusion
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 permits evidence to explain illegible or not commonly intelligible expressions in documents. By allowing expert or knowledgeable testimony, the law ensures that technical or obscure language does not defeat the true intention of the parties or obstruct justice.