Introduction
When it comes to drafting of legal documentation, clarity is very important. However, not every document is crystal clear and here is when Chapter VI of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) comes into play. Chapter VI specifically address the rules governing the interpretation of ambiguous document. Ambiguity can be of two types, patent and latent ambiguity and in this article, we will be exploring them in detail.
- Patent Ambiguity (Sections 96 and 97 of the BSA):
- Definition: Patent ambiguity refers to uncertainty which is evident on the face of a document.
- Legal Interpretation: Sections 96 and 97 of BSA restrict the introduction of evidence to explain or amend an ambiguous document if the language on its face appears ambiguous or defective.
- Example: If a written agreement mentions selling a starfish for either 2000 or 3000 rupees, evidence cannot be presented to clarify the intended price due to the patent ambiguity.
- Latent Ambiguity (Sections 98 to 101 of the Evidence Act):
- Definition: Latent ambiguity arises when a document appears clear on its face but becomes irrelevant or unclear at the stage of execution.
- Legal Interpretation: Sections 98 to 101 of BSA permit the introduction of evidence to show that the language of a document is to be used in a particular sense, especially when it does not align with existing facts.
- Example: If a deed mentions "my house in Navi Mumbai," but the executor has no house there, evidence may be presented to clarify that the deed refers to a house in Thane. It should be noted that both Navi Mumbai and Thane are nearby and hence, genuine confusion can arise in this case, which can be allowed to be corrected here.
Key Provisions and Their Application:
1. Section 95 BSA – Exclusion of Evidence to Explain or Amend Ambiguous Document:
In cases of patent ambiguity, evidence cannot be presented to explain or amend a document's unclear language.
2. Section 96 BSA – Exclusion of Evidence Against Application of Document to Existing Facts:
When the language of a document is plain and accurately applies to existing facts, evidence cannot be given against its application.
3. Sections 97 and 98 BSA – Latent Ambiguity and Application of Language:
Evidence can be presented to show that the language of a document is to be used in a particular sense when it does not match with existing facts.
4. Section 100 BSA – Application of Language to Two Sets of Facts:
Evidence may be given when the language of a document partly applies to one set of existing facts and partly to another set but does not correctly apply as a whole.
5. Section 101 BSA – Meaning of Illegible Characters, etc.:
Evidence may be given to make understandable the meaning of illegible or unfamiliar characters, abbreviations, or words in a document.
Differences between patent and latent ambiguity:
1. Evidentiary Restrictions:
- Patent Ambiguity:
- Oral Evidence Prohibition: Sections 96 and 97 of the Bharatiya Sakshya Adhiniyam restrict the introduction of oral evidence to explain or amend a document with patent ambiguity.
- Limited Court Discretion: The court's discretion to allow evidence is confined, mainly reserved for exceptional cases.
- Latent Ambiguity:
- Oral Evidence Allowance: Sections 98 to 101 of BSA permit the introduction of oral evidence to remove ambiguity in cases of latent ambiguity.
- Greater Court Discretion: The court has more flexibility to consider oral evidence, offering a nuanced approach.
2. Consequences:
- Patent Ambiguity:
- Document Uselessness: Identification of patent ambiguity renders the document essentially useless from the outset.
- Latent Ambiguity:
- Document Utility: Latent ambiguity does not inherently make the document useless. Oral evidence can assist in clarifying its intended meaning,
3. Practical Implications:
- Interpretation Challenges:
- Patent Ambiguity:
Challenges arise from the document's inherent lack of clarity from the beginning.
- Latent Ambiguity:
Challenges emerge during execution when the document's meaning becomes inconsistent with existing facts.
4. Document Validity:
- Patent Ambiguity:
Identification of patent ambiguity will invalidate the document's utility.
- Latent Ambiguity:
The document remains valid, and oral evidence can enhance its interpretative value.
Legal Precedents:
1. Keshavlal Lallubhai Patel vs Lalbhai Trikumlal Mills Ltd (1958):
In this case related to patent ambiguity, the Supreme Court held that vagueness or uncertainty in a document cannot be resolved by relying upon extraneous evidence.
2. The General Court Martial & Ors vs Col. Aniltej Singh Dhaliwal (1997):
In this case related to patent ambiguity, the Supreme Court clarified that Section 94 of the Evidence Act (essence of which is now under Section 97 of BSA) applies only when the document's execution is admitted, and there are no vitiating circumstances against it.
3. Mangala Waman Karandikar (D) TR LRS Vs Prakash Damodar Ranade (2010):
In this case Related to latent ambiguity, the Supreme Court emphasized that when the provisions of a contract are evident and simple, there is no need to look into extraneous evidence.
FAQs based on the above article on patent And latent ambiguity
Q: What is patent ambiguity, and how does it differ from latent ambiguity?
A: Patent ambiguity refers to uncertainty evident on the face of a document, while latent ambiguity arises when a document appears clear but becomes unclear in execution concerning existing facts.
Q: What are the key provisions and their applications in Chapter VI of the BSA?
A: Key provisions include Section 95 (Exclusion of Evidence for Patent Ambiguity), Section 96 (Exclusion of Evidence Against Application of Document to Existing Facts), Sections 97 and 98 (Latent Ambiguity and Application of Language), Section 100 (Application of Language to Two Sets of Facts), and Section 101 (Meaning of Illegible Characters, etc.).
Q: How does the BSA differentiate between oral evidence for patent and latent ambiguity?
A: For patent ambiguity, oral evidence is restricted (Sections 96 and 97), while for latent ambiguity, oral evidence is allowed (Sections 98 to 101).
Q: How does the court exercise discretion in cases of patent and latent ambiguity?
A: Courts have limited discretion in cases of patent ambiguity, primarily in exceptional circumstances. In latent ambiguity, there is greater flexibility, allowing for a nuanced interpretation.
Q: Can a document with latent ambiguity be considered valid?
A: Yes, a document with latent ambiguity remains valid, and oral evidence can be used to enhance its interpretative value.
These FAQs aim to provide a clearer understanding of the concepts and legal aspects discussed in the provided content.
Patent and latent ambiguity/illegality under BSA (Bharatiya Sakshya Adhiniyam)
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