Section 98 Evidence Act: Meaning of Illegible Characters, Technical Words and Abbreviations
Section 98 of the Indian Evidence Act, 1872 permitted evidence explaining unclear writing and specialised expressions. Its corresponding current rule is Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 101 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: 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.
The rule permits explanatory evidence to help the court understand language or characters whose meaning is uncertain. It does not, by itself, authorise a party to rewrite the bargain or contradict clearly expressed terms.
What does Section 101 mean?
Where a document uses writing or expressions that cannot readily be understood, the court may consider relevant evidence showing what those characters or words signify. This can include evidence of customary usage, professional terminology, the parties' context and the meaning of an abbreviation.
- Illegible or unfamiliar characters: handwriting, symbols or marks that cannot readily be deciphered.
- Foreign expressions: words from another language whose meaning needs explanation.
- Obsolete expressions: words whose historical usage differs from modern usage.
- Technical expressions: specialised terms used in a trade, profession or scientific field.
- Local and regional expressions: terms used with a particular meaning in a locality or region.
- Abbreviations: shortened words or initials whose intended expansion is uncertain.
- Words used in a peculiar sense: ordinary words assigned a special meaning in the relevant context.
Original statutory illustration: the sculptor's "mods"
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.
The word "mods" could refer to either the sculptor's models or modelling tools. Evidence about the parties' dealings or their use of the expression may help establish which category was intended. This illustration appears in both the former Section 98 and the current Section 101.
How is the rule applied in practice?
1. Understanding a technical term
If a commercial agreement contains an industry-specific term, evidence from persons familiar with that trade or its established usage may help explain the expression.
2. Deciphering unclear handwriting
Where a handwritten entry is difficult to read, relevant original records, surrounding entries or suitable expert evidence may assist in determining the characters used. The evidence must still satisfy applicable rules of relevance and proof.
3. Explaining an abbreviation
If a contract uses an abbreviation that has multiple plausible meanings, contextual evidence may identify the meaning used by the parties.
4. Distinguishing explanation from alteration
The purpose is to explain what an uncertain expression means, not to replace a clear term with a different contractual obligation. The wider rules governing documentary and oral evidence must also be considered.
Section 98 of the Indian Evidence Act, 1872
The former provision stated that evidence could be given to show the meaning of illegible or not commonly intelligible characters, foreign, obsolete, technical, local and provincial expressions, abbreviations and words used in a peculiar sense. Section 101 BSA substantially preserves this rule but uses regional instead of provincial.
Related provisions and official statutory sources
Read this provision with former Section 97 (current BSA Section 100), which deals with language applying partly to two sets of facts, and former Section 99 (current BSA Section 102), which addresses evidence of contemporaneous agreements by persons who are not parties to the document.
Official sources: Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF; India Code legislation portal.
This article provides general legal information. Applicability to proceedings commenced before 1 July 2024 may depend on the repeal and savings provision in Section 170 of the BSA and the circumstances of the case.