BSA §100
Evidence as to application of language to one of two sets of.
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Comparison
94. Exclusion of evidence against application of document to existing facts. –– When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration A sells to B, by deed, “my estate at Rampur containing 100 bighas”. A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.
100. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration. A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
What changedAI-inferred
Exclusion of evidence against application of document to existing facts.
Old position
IEA 94 is concerned with Exclusion of evidence against application of document to existing facts. Exclusion of evidence against application of document to existing facts
New position
BSA 100 preserves the framework with drafting modernisations as required by the new code. Topic: Evidence as to application of language to one of two sets of.. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply
BSA 100 (Evidence as to application of language to one of two sets of.) preserves the framework of IEA 94. BSA 100 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 100 text: When the language...
Editorial deltaAI-indicated (source-linked)
BSA 100 (Evidence as to application of language to one of two sets of.) preserves the framework of IEA 94. BSA 100 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 100 text: When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration. A agrees to sell to B "my land at X in the occupation of Y". A...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 94 continues to apply. For matters from that date forward, BSA 100 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 100 (Evidence as to application of language to one of two sets of.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §94 → BSA §100 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/100.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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