Section 91 of the IEA

Introduction

Section 91 of the Indian Evidence Act, 1872 (IEA) deals with the exclusion of oral by documentary evidence which is nothing but the practical application of the best evidence rule.

• The best evidence rule is one of the cardinal principles of the law of evidence that in all cases the best evidence in possession of the party must always be given.

Section 91 of the IEA

• This Section deals with the evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
• This Section says the terms of a document must be proved by the document itself or by secondary evidence where it is admissible under the Act and not by oral evidence.
• This Section can be read as follows:
  • 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.
  • 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 needs to 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.
• The first part of this Section refers to transactions voluntarily reduced to writing. It does not deal with all kinds of documents/transactions but only those which are dispositive in nature.
• The second part of this Section refers to transactions which are required by law to be in writing. The documents covered by this part are wider in scope as they may or may not be of dispositive in nature.

Exceptions to Section 91 of IEA

• 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 an officer, the writing by which he is appointed need not be proved.
• Wills admitted to probate in India may be proved by the probate.

Illustrations of Section 91 of IEA

• If a contract is contained in several letters, all the letters in which it is contained must be proved.
• If a bill of exchange is drawn in a set of three, one only needs to be proved.
• A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

Application of Section 91 of IEA

• This Section applies in two situations:
  • When the terms of a contract, or a grant, or of any other disposition of property have been reduced the form of a document.
  • In all cases in which any matter is required by law to be reduced in the form of a document. In such cases, no evidence shall be given in the proof of the terms of such contract, grant or other disposition of property or of such matter except:
    • The document itself.
    • Secondary evidence of its contents in cases in which secondary evidence is admissible.