Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 05 (Documentary Evidence)

Q1. A agrees in writing to sell a horse to B for Rs. 1000 or Rs.1500.

a) Whether evidence can be given to show which price was to be given?

b) Give reason with provision.

a) In this case the evidence cannot be given to show which price was to be given.

b) According to Section 96 of the Bharatiya Sakshya Adhiniyam, 2023, when the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. 

Q 2. A document of 1987 is produced in respect of title of a property by the owner and possessor of the property. What presumption the court is permitted to take?

It is assumed that the document is produced in 2024 in the court. Hence this document is more than 30 years old. Sections 78 to 93 of the Bharatiya Sakshya Adhiniyam, 2023 deal with the presumptions as to document. Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be

Section 92 of the Bharatiya Sakshya Adhiniyam, 2023, deals with the proper custody of a document of 30 years old. According to Section 92 of the Bharatiya Sakshya Adhiniyam, 2023, where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Q 3. “A deed contains blanks. Explain with aid of the relevant legal provisions whether evidence can be given of facts which would show how the blanks were to be filled?

Sections 96 to section 103 of the Bharatiya Sakshya Adhiniyam, 2023 lay down rules for interpretation of documents. Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023 defines “Document”. “Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Patent ambiguity must be understood as an ambiguity which is inherent in the words and s incapable of being dispelled either by any legal rules or applying a known, conventional meaning. Section 96 of the Bharatiya Sakshya Adhiniyam, 2023 specifically deals with patent ambiguity and no oral evidence is given to remove the patent ambiguity. Under Section 96 of the Bharatiya Sakshya Adhiniyam, 2023, no evidence is admissible to show the meaning or to supply the defects in a document when the language used is, on its face, ambiguous or defective.

According to Section 96(b) of the Adhiniyam, a deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

Q 4. A wishes to prove Dying Declaration by B.

a) What A has to prove first? Explain with provisions

b) A wish to prove in court by Secondary Evidence the contents of lost documents. How to prove it? Explain with provision.

a) It is a situation same as in the illustration attached to Section 107 of the Bharatiya Sakshya Adhiniyam, 2023. According to Section 107 BSA, the burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Thus, if A wishes to prove a dying declaration by B. A must prove B’s death first.

b) It is a situation same as in the illustration attached to Section 107 of the Bharatiya Sakshya Adhiniyam, 2023. According to Section 107 BSA, the burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Thus, if A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.

Q 5. The date of Birth of Mr. A is in dispute in this case

a) Is the entry in the diary of a deceased surgeon regulatory, kept in the course of business, containing the fact that he attended the maternity delivery of A’s mother in which a son was born to her relevant?

b) Is it relevant in this case whether the payment of the surgeon’s bill was paid in cash or cheque? Why?

a) Yes, the entry in the diary of a deceased surgeon regulatory, kept in the course of business, containing the fact that he attended the maternity delivery of A’s mother in which a son was born to her is relevant. According to Section 14 of the Bharatiya Sakshya Adhiniyam, 2023 when there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.

AS the surgeon is deceased he cannot be called as witness. Illustration attached to Section 26 discusses same situation, the question is as to the date of A’s birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A’s mother and delivered her of a son, is a relevant fact.

b) No, the payment of the surgeon’s bill was paid in cash or cheque is not relevant because the entry in the diary and the payment is not related to each other.

Q 6. Dr. Deshmukh in his maternity hospital maintains records of X’s mother in his presence where baby a male child has been recorded in the register on 7^th October 2001.

a) Which provisions of the Evidence Act will be applicable in instant case?

b) Why and how records maintained by hospital are relevant?

a) According to Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

b) Under Section 26 the Bharatiya Sakshya Adhiniyam, 2023, when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him. Such statement is relevant.

More Situational Problems:

• Set 01: Admission and Confession
• Set 02: Dying Declaration
• Set 03: Burden of Proof
• Set 04: Privileged Communication
• Set 06: Witness
• Set 07: Miscellaneous

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