Bharatiya Sakshya Adhiniyam, 2023
Section 101
Evidence as to meaning of illegible characters, etc
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense. Illustration. A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.
Why this exists
Legal and commercial documents are often written in shorthand, dialect, trade jargon, or old-fashioned language that an ordinary reader (or judge) may not understand. This provision continues a rule from the earlier Indian Evidence Act, 1872 (Section 98), recognizing that written words don't always speak for themselves — especially across India's many languages, trades, and historical periods. Without such a rule, contracts or wills using unclear terms could become unenforceable or misinterpreted simply because their meaning wasn't obvious to a generalist judge.
How courts read it
Under the corresponding Section 98 of the old Evidence Act, courts consistently allowed extrinsic evidence — such as trade custom, dictionaries, or witness explanation — to interpret ambiguous, technical, or dialect-specific terms in wills, contracts, and business documents, especially in disputes over what a testator or contracting party intended by a peculiar or local word.
Common misconceptions
- Myth: This provision lets courts guess what a document means whenever they want.
Fact: It only applies to specific situations — illegible writing, foreign/technical/local terms, abbreviations, or words used in an unusual personal sense — not general reinterpretation of clear language. - Myth: Only expert witnesses can give such explanatory evidence.
Fact: Any relevant evidence, including testimony from people familiar with the local, technical, or personal usage, can be used to clarify meaning.