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Exclusion of Oral by Documentary

This document discusses rules regarding oral and documentary evidence under Sections 59-99 of the Indian Evidence Act. It provides definitions of oral and documentary evidence and examines how oral evidence is excluded if there is documentary evidence establishing the same facts. Key points covered include: 1) Oral evidence must be direct, while documentary evidence includes writings, photographs, recordings, and digital documents. 2) Documentary evidence takes precedence over oral evidence on the same topic based on the legal maxim "Vox audita perit, littera scripta manet." 3) Sections 91-92 specifically exclude oral evidence that aims to vary, contradict, or subtract from the terms of an agreement or disposition of property that is documented

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203 views21 pages

Exclusion of Oral by Documentary

This document discusses rules regarding oral and documentary evidence under Sections 59-99 of the Indian Evidence Act. It provides definitions of oral and documentary evidence and examines how oral evidence is excluded if there is documentary evidence establishing the same facts. Key points covered include: 1) Oral evidence must be direct, while documentary evidence includes writings, photographs, recordings, and digital documents. 2) Documentary evidence takes precedence over oral evidence on the same topic based on the legal maxim "Vox audita perit, littera scripta manet." 3) Sections 91-92 specifically exclude oral evidence that aims to vary, contradict, or subtract from the terms of an agreement or disposition of property that is documented

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sachet12
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EXCLUSION OF ORAL

EVIDENCE BY
DOCUMENTARY
EVIDENCE
 ORAL - spoken words, gestures or motion
 Section 59 - Proof of facts by oral evidence
 Section 60 – Oral evidence must be direct

 DOCUMENTARY
 Section 3 – then Chapter V (Sec 61 to 90A)
 Section 74 (Public Doc)

MAIN
 Section 75 (Private Doc)
 65A & 65B
KINDS Bhima Tima Dhotre v. The pioneer chemical co.
“Documentary evidence becomes meaningless if the writer has
to be called in every case to give oral evidence of its contents. If
that were the position, it means that, in the ultimate analysis, all
evidence must be oral and oral evidence would virtually be the
only kind of evidence recognised by law. This provision would
indicate that to prove the contents of a document utilizing oral
evidence would be a violation of this section.”
 59. Proof of facts by oral evidence.—
All facts, except the contents of documents or electronic records, may be proved
by oral evidence.
 60. Oral evidence must be direct.—
Oral evidence must, in all cases whatever, be direct; that is to say— If it refers to a
fact which could be seen, it must be the evidence of a witness who says he saw it;
If it refers to a fact which could be heard, it must be the evidence of a witness who
says he heard it; If it refers to a fact which could be perceived by any other sense
or in any other manner, it must be the evidence of a witness who says he perceived
ORAL it by that sense or in that manner; If it refers to an opinion or to the grounds on
which that opinion is held, it must be the evidence of the person who holds that
opinion on those grounds: Provided that the opinions of experts expressed in any
treatise commonly offered for sale, and the grounds on which such opinions are
held, may be proved by the production of such treatises if the author is dead or
cannot be found, or has become incapable of giving evidence, or cannot be called
as a witness without an amount of delay or expense which the Court regards as
unreasonable: Provided also that, if oral evidence refers to the existence or
condition of any material thing other than a document, the Court may, if it thinks
fit, require the production of such material thing for its inspection
 Documentary evidence is any evidence that is, or can be,
introduced at a trial in the form of documents, as distinguished
from oral testimony. Documentary evidence is most widely
understood to refer to writings on paper (such as an invoice, a
contract or a will), but the term can also apply to any media by
DOCUMENTA which information can be preserved, such as photographs; a

RY medium that needs a mechanical device to be viewed, such as a


tape recording or film; and a printed form of digital evidence,
such as emails or spreadsheets.
ORAL v.
DOCUMENT
ARY
whatever is recorded as a hardcopy must be
demonstrated in the form of hard copy only

If there are more than one original


documents, then only one original needs to be
LEADING proved.

RULES  “Vox Audita Perit, Littera Scripta Manet” which means


that Spoken Word will Vanish, but the Written Word
Remains.
 Section 91 – 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,

PROVISIONS except the document itself, or secondary evidence of its


contents in cases in which secondary evidence is admissible
UNDER under the provisions hereinbefore contained. 

STUDY  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
 Section 92 – Exclusion of evidence of an oral
agreement.
If any contract, grants or disposition of property which is
required by law to be in writing in form of document

and

PROVISIONS if it has been proved according to Section 91,

UNDER then for the purpose of varying it, contradicting it or


subtracting it parties or their representative is not required to
STUDY give oral evidence and it is not admissible.
Two points are proved from this Section:
(a) If any third party gives then it is admissible
(b) If any oral evidence is given which do not contradict the
contract then it is admissible.
 Krishi Utpadan Mandi Samiti, Sahaswan, District Badaun
through its Secretary V/s. Bipin Kumar and Another,
[(2004) 2 SCC 283] - Section 92 of the Act precludes a
party from leading evidence contrary to the terms of a
written document. To permit a party to so urge would be to give
a premium to dishonesty

JUDGEMEN  Tamil Nadu Electricity Board and another Vs. N. Raju

TS ON Reddiar and another ( AIR 1996 SC 2025) - Under Section


92 of the Evidence Act where the written instrument appears to
SEC 92 contain the whole terms of the contract then parties to the
contract are not entitled to lead any oral evidence to ascertain
the terms of the contract. It is only when the written contract
does not contain the whole of the agreement between the
parties and there is any ambiguity then oral evidence is
permissible to prove the other conditions which also must not
be inconsistent with the written contract...
 bar laid down by section 92 of the Act was not applicable under
the Criminal proceeding.
 Ram Janki Raman Case AIR 2006 SC 1106 – (a) Section 92
is supplementary to Section 91 and corollary to the rule

Others – Sec contained in Section 91. (b) Strangers to contract are not barred
– rule applies only to the party to agreements, whereas 91
92 applied to strangers as well (c) bar under Section 92 would
apply when a party to the instrument, relying on the instrument,
seeks to prove that the terms of the transaction covered by the
instrument are different from what is contained in the
instrument.
 The facts which invalidate the document
 Separate oral agreement

SIX  Separate oral agreement as a condition precedent
 Distinct oral agreement made subsequently to renew or modify
EXCEPTION the contact

S TO SEC 92  Any usage or customs by which incidents not


mentioned in any contract are usually annexed to contract
 Extrinsic evidence of surrounding circumstances
Section 91 & 92  Relationship - Sections 91 and 92 of Evidence Act are
Relationship supplemental to each other

&  Difference – lot of Differences

Difference
 A short break of 10 minutes to refresh.
BREAK  Let’s meet at 0940
 Section 93 – EXCLUSION OF EVIDENCE TO
EXPLAIN OR AMEND AMBIGUOUS DOCUMENT
If the language of a deed is, on its face,
ambiguous or defective, no evidence can be
given to make it certain.
 Eg -An agreement is made between A and B that
A will sell his crops for ₹15000 or ₹25000. The

Section 93 evidence cannot be given that which price was to


be given
Keshavlal Lallubhai Patel  Vs. 

Lalbhai Trikumlal Mills Ltd [AIR 1958 SC 512] 
Kandamath Cine Enterprises (P.) Ltd. V. John
Philipose [AIR 1990 Ker 198]
 EXCLUSION OF EVIDENCE AGAINST APPLICATION OF
DOCUMENT TO EXISTING FACTS –

Section 94 The words of a written instrument must be construed according


to their natural meaning, and no amount of acting by the parties
can alter or qualify words which are plain and unambiguous
SECTION 95
Section 96
SECTION 97
 Evidence may be given to show the meaning of illegible or not
commonly intelligible characters, of foreign, obsolete,
technical, local or provincial expressions, of abbreviations and
of words used in a peculiar sense.

SECTION 98  Illustration
A, a sculptor, agrees to sell to B, "all my moods" A has both
models and modeling tools. Evidence may be given to show
which he meant to sell.
 Person who are not parties to document, or their representatives
in interest may give evidence of any fact tending to show a
contemporaneous agreement varying the terms of the
document.
 Illustration
SECTION 99 A and B make a contract in writing that B shall sell certain cotton,
to be paid for on delivery. At the same time they made an oral
agreement that "three months" credit shall be given to A. This
could not be shown as between A and B, but it might be shown by
C if it affected by his interests.
Nothing in this Chapter contained shall be taken to affect any
of the provisions of the [Indian Succession Act, (X of 1865)]1
SECTION 100 as to the construction to Wills

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