Section 94 of BSA : Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

Explanation using Example

Example 1:

Ravi and Suresh enter into a written contract where Ravi agrees to sell his house to Suresh for ₹50 lakhs. The contract is documented and signed by both parties. Later, a dispute arises where Suresh claims that Ravi had verbally agreed to include the furniture in the sale. According to Section 94 of The Bharatiya Sakshya Adhiniyam 2023, since the terms of the contract have been reduced to a written document, no oral evidence can be given to prove the inclusion of the furniture. Only the written contract will be considered as evidence.

Example 2:

Priya receives a grant from the government for her startup, and the terms of the grant are documented in an official grant letter. Later, Priya claims that a government official verbally promised additional funding. According to Section 94, only the documented grant letter can be used as evidence to prove the terms of the grant. Any verbal promises made by the official cannot be considered as evidence.

Example 3:

Anil and Sunita have a written agreement where Anil agrees to lease his shop to Sunita for a period of 5 years. The agreement is documented and signed. After 2 years, Anil claims that Sunita had verbally agreed to pay an additional maintenance fee every month. According to Section 94, since the lease agreement is in written form, no oral evidence can be given to prove the additional maintenance fee. Only the written lease agreement will be considered as evidence.

Example 4:

Rajesh is appointed as a public officer by a written order from the government. He has been acting in this capacity for several years. In a legal proceeding, someone challenges his appointment and demands proof of the written order. According to Exception 1 of Section 94, since Rajesh has been acting as a public officer, the written order of his appointment does not need to be proved.

Example 5:

Meera's father passes away, leaving a will that is admitted to probate in India. Meera's brother challenges the will, claiming it is invalid. According to Exception 2 of Section 94, the will can be proved by the probate, and no further evidence is required to prove its validity.

Example 6:

A company issues a bill of exchange in a set of three originals. In a dispute over the bill of exchange, only one of the originals needs to be proved in court, as per Explanation 2 of Section 94.

Example 7:

Vikram and Neha have a written contract for the sale of a car. The contract mentions that Neha had previously paid Vikram for another car verbally agreed upon. Neha disputes this and offers oral evidence that no payment was made for the other car. According to Illustration (d) of Section 94, the oral evidence is admissible to prove that no payment was made for the other car.