IEA 91 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

Indian Evidence Act, 1872

Statutory text

When the  terms  of  a contract, or of a  grant,  or  of  any  other  disposition  of  property,  have
been  reduced  to  the  form  of  a  document,  and  in  all cases  in  which  any  matter  is  required  by  law  to  be
reduced  to  the  form  of  a  document,  no  evidence  shall  be  given  in  proof  of  the  terms  of  such  contract,
grant  or  other  disposition  of  property,  or  of  such matter,  except  the  document  itself,  or  secondary
evidence  of  its  contents  in  cases  in  which  secondary  evidence  is  admissible  under  the  provisions hereinbefore contained.
Exception 1.––When  a  public  officer  is  required  by  law  to  be appointed  in  writing,  and  when  it  is
shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.
Exception 2.–– Wills

[admitted to probate in

[India]] may be proved by the probate.
Explanation 1.––This section applies equally to cases in which the contracts, grants or dispositions of
property  referred  to  are  contained  in  one  document,  and  to  cases  in  which  they  are  contained  in  more documents than one.
Explanation 2.–– Where there are more originals than one, one original only need be proved.
Explanation 3. –– The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact.
Illustrations
(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.

Oral  evidence  is  offered  that  no  payment  was  made  for  the  other  indigo.  The  evidence  is admissible.
(e) A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.

Back to IEA