Introduction:
This article will focus on the distinctions between oral and documentary evidence and the rule of exclusion of oral evidence.
Exclusion of Oral Evidence from Documentary Evidence:
Section 94: Exclusion of Oral Evidence:
Section 94 of Bharatiya Sakshya Adhiniyam states that once the terms of a contract, grant, or any property disposition are documented, no evidence, except the document itself or secondary evidence of its contents, shall be admitted to prove those terms. This is in line with the rule of best evidence which states that best available evidence must be presented in the court, that is, if the documentary evidence on the subject matter is available then, the oral evidence must be excluded.
Examples:
1. Written Contract: If parties A and B enter into a written contract for the sale of goods, the terms outlined in that written contract cannot be proven by oral evidence. The written document or secondary evidence, if permissible, must be presented.
2. Deed of Grant: In the case of a property being granted to C through a written deed, any terms and conditions mentioned in the deed cannot be proven by oral evidence. The deed itself or secondary evidence, if applicable, is the only admissible proof.
Section 95: Limiting Oral Evidence:
Section 95 of BSA complements Section 94 BSA by placing limitations on the admission of oral evidence once the terms have been proven under Section 94.
Exceptions to the Limitation (Provisos):
1. Proviso 2 - Existence of Separate Oral Agreement:
- Proviso 2 to Section 95 of BSA Recognizes situations where there is a separate oral agreement not inconsistent with the written terms.
- For instance, if a written lease agreement is silent on maintenance responsibilities, an oral agreement regarding maintenance may be considered.
2. Proviso 3 - Condition Precedent:
- Proviso 3 to Section 95 BSA acknowledges scenarios where a separate oral agreement constitutes a condition precedent.
- If fulfilling certain conditions is necessary before the main agreement becomes binding, oral evidence regarding these conditions may be admitted.
3. Proviso 4 - Rescission or Modification:
- Proviso 4 to Section 95 of BSA allows for the existence of any distinct subsequent oral agreement to rescind or modify the original contract.
- Parties can introduce oral evidence of a subsequent agreement that alters or nullifies the terms of the original contract, under specific conditions.
4. Proviso 5 - Usage and Customs:
- Proviso 5 to Section 95 of BSA permits the admission of oral evidence to prove industry customs or practices not explicitly stated in the written contract.
- This exception allows flexibility in recognizing customary practices in a specific industry.
Lets us see some FAQs based on above article:
Q1: What is the focus of this article?
This article focuses on delineating the differences between oral and documentary evidence, particularly honing in on the rule of exclusion of oral evidence.
Q1: What does oral evidence involve?
Oral evidence pertains to witness statements made in court during legal proceedings.
Q2: What is covered by documentary evidence?
Documentary evidence encompasses all documents submitted in a court of law.
Q3: What does Section 94 of Bharatiya Sakshya Adhiniyam state?
Section 94 dictates that once the terms of a contract, grant, or any property disposition are documented, no evidence, except the document itself or secondary evidence of its contents, shall be admitted to prove those terms.
Q4: Can you provide examples illustrating Section 94's application?
For instance, if parties A and B enter into a written contract for the sale of goods, the terms outlined in that written contract cannot be proven by oral evidence. Similarly, in the case of a property being granted to C through a written deed, any terms and conditions mentioned in the deed cannot be proven by oral evidence.
Q5: What is the purpose of Section 95 of BSA?
Section 95 complements Section 94 by placing limitations on the admission of oral evidence once the terms have been proven under Section 94.
Exclusion of oral evidence by documentary evidence and Best evidence rule under BSA (Bharatiya Sakshya Adhiniyam)
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