Legal documents need to be plain and understandable to stay from disputes or misunderstandings.But,sometimes the language used can be unclear or ambiguous, which leads to confusion about what was intended. Section 96 to Section 101 of the Bharatiya Sakshya Adhiniyam,2023(BSA) gives directions for interpreting documents when their language is not clear or when uncertainty aise due to their application to specific facts. These sections of BSA allow the use of external evidence to shed light on the true meaning of a document.(Earlier under Section 93 to 98 of IEA)
What is Ambiguity in Legal Documents?
Ambiguity in legal documents means when the language used in it is quite confusing,obscure,imprecise or open to countless interpretations.Ambiguities are of two types:
- PATENT AMBIGUITY (SECTION 96 AND 97 of BSA)-It means a situation where a document or instrument exhibits apparent vagueness or flaw in its language. In such cases, the wording of the document is not properly clear, leading to unreliability regarding its precise meaning.
- LATENT AMBIGUITY (SECTION 98 to 101 of BSA)-Its a type of vagueness or ambiguity that is not evident based on the available facts initially.The meaning of documents initially seems clear, but when applied to specific situations , ambiguity arises. In such cases, the issue lies not in the language itself but in how it applies to the existing facts.
Key Components
1.USE OF EVIDENCE TO CLARIFY PATENT AMBIGUITY
No oral evidence can be given to prove a patent ambiguity,i.e.,
- Section 96 of BSA :- If a document’s language is inherently unclear and lacks a precise meaning, no evidence can be given to clarify its intended meaning by introducing relevant facts.
- Section 97 of BSA :-If a document’s language is understandable and precisely describes existing facts without any vagueness , no contradictory evidence can be given to challenge its straightforward meaning.
2.USE OF EVIDENCE TO CLARIFY LATENT AMBIGUITY
Evidence can be given to prove a latent ambiguity.i.e.,
- Section 98 of BSA :- When the document’s language is understandable but doesn’t make sense when applied to existing facts.
- Section 99 of BSA :- When the document uses precise language, but there are numerous persons or things to which the description applies.
- Section 100 of BSA :– When the language used in a document applies to one set of existing facts and another set partially, but none of it precisely applies to either entirely.
- Section 101 of BSA :-Evidence can be given to clarify the meaning of characters that are either illegible or not commonly understandable .
Exceptions:
Usually,evidence cannot be used to clarify or correct a document when the language itself is unclear,imprecise or vague. The main exception is when the language is clear and correct but doesn’t make sense in relation to the facts, in such cases evidence can be given to clarify the intent.
Examples:
- Patent Ambiguity: A has agreed in writing to sell his house to B for either Rs. 5,000 or Rs. 10,000. The deed is unclear and vague ,and cannot be made certain due to this ambiguity.
- Latent Ambiguity:A sold a property in Mumbai through a deed, but he didn’t own a house there. Instead, he had a house in Calcutta, which B occupied after the deed was executed. This situation involves latent ambiguity since it’s not evident in the deed itself.
Why is This Important?
These sections of Bharatiya Sakshya Adhiniyam,2023(BSA) are considered very important for maintaining the integrity of legal documents. They make sure that parties cannot later bring new evidence to change the precise meaning of a document. This shielding is important for upholding the original intent and agreement of the parties involved. At the same time, these rules also help in the resolution of genuine ambiguities, by making sure that the legal agreements are interpreted correctly and accurately.
In the Bharatiya Sakshya Adhiniyam,2023(BSA), the distinction between Patent and Latent Ambiguity is essential . Patent Ambiguity refers to vagueness evident within the document itself, for which external evidence is typically not allowed. Whereas in,Latent Ambiguity arises when external facts show ambiguity not initially apparent in the document, permitting external evidence to clarify the ambiguity. These distinctions are important for making sure correct legal interpretation and fair application of the law in India.
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