Section 93 to Section 98 of the Indian Evidence Act provides guidelines for interpreting documents when their language is unclear or when doubts arise due to their application to specific facts. These sections allow for the use of extrinsic evidence to clarify the true meaning of a document.
PATENT AMBIGUITY (SECTION 93 AND 94)
Patent Ambiguity refers to a situation where a document or instrument exhibits apparent ambiguity or defects in its language. In such cases, the wording of the document is unclear, leading to uncertainty regarding its precise meaning.
- Example :- In this case, A has agreed in writing to sell his house to B for either Rs. 5,000 or Rs. 10,000. The deed is inherently ambiguous and cannot be made certain due to this ambiguity.
USE OF EVIDENCE TO CLARIFY PATENT AMBIGUITY
No oral evidence can be given to prove a patent ambiguity,i.e.,
- Section 93 :- If a document’s language is inherently unclear and lacks a definite meaning, no evidence can be presented to clarify its intended meaning by introducing relevant facts.
- Section 94 :-If a document’s language is clear and accurately describes existing facts without any ambiguity, no contradictory evidence can be presented to challenge its straightforward meaning.
LATENT AMBIGUITY (SECTION 95 to 98)
Latent Ambiguity refers to a type of ambiguity that is not initially evident based on the available facts. Initially, the document’s meaning seems clear, but when applied to specific circumstances, ambiguity arises. In such cases, the issue lies not in the language itself but in how it applies to the existing facts.
- Example :- A sold a property in Calcutta through a deed, but he didn’t own a house there. Instead, he had a house in Howrah, which B occupied after the deed was executed. This situation involves latent ambiguity since it’s not evident in the deed itself.
USE OF EVIDENCE TO CLARIFY LATENT AMBIGUITY
Evidence can be given to prove a latent ambiguity.i.e.,
- Section 95 :- When the document’s language is clear but doesn’t make sense when applied to existing facts.
- Section 96 :- When the document uses clear language, but there are multiple persons or things to which the description applies.
- Section 97 :- When the language used in a document applies to one set of existing facts and another set partially, but none of it accurately applies to either entirely.
- Section 98 :-Evidence can be presented to explain the meaning of characters that are either illegible or not commonly understood.
In the Indian Evidence Act, the distinction between Patent and Latent Ambiguity is vital. Patent Ambiguity refers to ambiguity evident within the document itself, for which external evidence is typically not allowed. In contrast, Latent Ambiguity arises when external facts reveal ambiguity not initially apparent in the document, allowing external evidence to clarify the ambiguity. These distinctions are essential for ensuring accurate legal interpretation and fair application of the law in India.
