Section 99: Evidence as to Usage When Meaning of Document is Uncertain

Overview

Section 99 of the Bhartiya Sakshya Bill, 2023, deals with situations where the meaning of words used in a document is unclear. It allows a court to consider how those words are commonly understood and used in practice – the ‘usage’ or ‘custom’ – to determine what the document actually means. Essentially, it helps courts understand what a document *intended* to say when the language itself is ambiguous.

Key Principles / Ingredients

• Type of Evidence: This section primarily deals with the admissibility of oral evidence to explain the meaning of documentary evidence (written documents). It doesn’t directly concern electronic records, though the principle could apply by analogy.
• Conditions for Admissibility/Relevancy: Evidence of usage or custom is only admissible if the meaning of the words in the document is uncertain. The uncertainty must relate to the specific term or phrase being questioned. The usage or custom must be established through evidence presented in court.
• Burden of Proof: The party relying on evidence of usage or custom to clarify the document’s meaning bears the burden of proving that such usage or custom exists and is relevant to the specific term in question. This means they must present sufficient evidence to convince the court.

How Courts Use this Provision

Judges will typically apply Section 99 when a dispute arises over the interpretation of a contract, deed, or other written document. If the wording is unclear, the judge will allow parties to present evidence showing how similar terms are commonly understood within the relevant industry, locality, or community. The court will then weigh this evidence to determine the most likely meaning of the disputed term.

Illustrations and Examples

• Example 1: A contract for the sale of ‘gunny bags’ doesn’t specify the size or quality. The buyer claims the bags are too small. The seller can present evidence showing the standard size and quality of ‘gunny bags’ commonly traded in that market to demonstrate the contract’s intended meaning.
• Example 2: A will leaves property to ‘my nephews’. The testator (person making the will) had a complicated family history with step-nephews and distant relatives. The court might allow evidence of the testator’s usual practice of referring to family members to determine who ‘my nephews’ specifically refers to. This is more complex because it involves establishing a pattern of behaviour.

Important Provisos / Explanations

The Bhartiya Sakshya Bill, 2023, does not contain any specific provisos or explanations attached to Section 99. The application of the section relies on the general principles of evidence and the court’s discretion to determine the relevance and reliability of the presented evidence.

Difference from Old Evidence Act (if applicable)

Section 99 of the Bhartiya Sakshya Bill, 2023, largely mirrors Section 99 of the Indian Evidence Act, 1872. There are no significant substantive changes. The Bill aims for clarity and modernization of language but retains the core principle of allowing usage to explain uncertain document meanings.

Key Takeaways

• Section 99 clarifies ambiguous document language.
• Oral evidence is used to explain documentary evidence.
• The party claiming an unclear meaning must prove the relevant usage or custom.
• The court decides the weight given to usage/custom evidence.