Section 98: Evidence to Show Meaning of Illegible or Obsolete Characters

Overview

Section 98 of the Bhartiya Sakshya Bill, 2023, deals with situations where writing in a document is hard to understand. This could be because the handwriting is faded, the language is old-fashioned, or it uses special symbols or short forms. The section allows you to present evidence – usually by calling a witness – to explain what that writing *means*. Essentially, it ensures a document isn’t rejected simply because it’s difficult to read or decipher.

Key Principles / Ingredients

• Type of Evidence: This section primarily deals with oral evidence being used to explain documentary evidence. While the document itself is the main proof, witnesses can testify to clarify its meaning.
• Conditions for Admissibility/Relevancy: The document must be relevant to the case. The illegibility, obsolete characters, technical terms, or abbreviations must genuinely make the document’s meaning unclear. The evidence offered to explain it must be directly related to clarifying that specific difficulty.
• Burden of Proof: The party presenting the document bears the initial burden of proving its relevance. If the document’s meaning is challenged due to illegibility or obscurity, the burden shifts to that party to provide evidence (like a witness) to explain it. This isn’t about proving the document’s truthfulness, but about making its contents understandable to the court.

How Courts Use this Provision

Judges use Section 98 when a document is presented as evidence, but its meaning is unclear. They will allow a witness – often an expert in handwriting, old languages, or specific technical fields – to testify about what the writing means. The judge then considers this testimony when deciding what the document proves. The court isn’t bound by the witness’s interpretation, but it must consider it.

Illustrations and Examples

• Example 1 – Simple Situation: A will from 1920 uses the word “unto” (meaning “to”). A lawyer testifies that “unto” was common legal language at the time and means the same as “to” today. This helps the court understand the will’s instructions.
• Example 2 – More Complex: A medical report uses several abbreviations a general practitioner wouldn’t recognize. A specialist doctor testifies that these abbreviations are standard in their field and explain the patient’s condition. This clarifies the medical evidence for the court.

Important Provisos / Explanations

Section 98 doesn’t have any specific provisos or explanations attached to it. The application is fairly straightforward – if a document is unclear, evidence can be presented to clarify it. The focus is on making the document understandable, not on altering its content.

Difference from Old Evidence Act (if applicable)

Section 98 of the Bhartiya Sakshya Bill, 2023, largely mirrors Section 98 of the Indian Evidence Act, 1872. There are no significant changes in the core principle. The Bill aims for clarity and simplification, but this section remains substantially the same.

Key Takeaways

• Section 98 allows for clarification of unclear writing in documents.
• Oral evidence is used to explain documentary evidence.
• The party presenting the document must prove its meaning if challenged.
• The goal is to make the document understandable, not to change its content.