Section 101 BSA: Meaning of Illegible Characters and Technical Terms

Section 101 BSA allows evidence to explain illegible writing, technical terms, abbreviations, regional expressions and words used in a special sense.

Introduction

Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with evidence concerning the meaning of words, characters and expressions that cannot be understood through their ordinary meaning alone. It permits evidence to explain illegible or not commonly intelligible characters, foreign expressions, obsolete terms, technical terminology, local and regional expressions, abbreviations, and words used in a peculiar sense.

For example, if a sculptor agrees to sell “all my mods” and owns both models and modelling tools, evidence may be given to establish which items the expression “mods” was intended to describe.

The provision recognises that documents may contain specialised language, abbreviations or expressions whose meaning depends on the context in which they are used. Section 101 substantially corresponds to Section 98 of the Indian Evidence Act, 1872, with the expression “provincial expressions” replaced by “regional expressions”.

Bare Act: Section 101 of the Bharatiya Sakshya Adhiniyam, 2023

101. Evidence as to meaning of illegible characters, etc.— Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.

Illustration

A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell.

Explanation of Section 101 BSA

1. Meaning of Section 101 BSA

Section 101 permits evidence to explain the meaning of language or characters that are difficult to understand without additional information.

A document may contain words that are illegible, specialised, outdated, regional or abbreviated. The ordinary meaning of such expressions may not reveal what the parties intended to communicate.

The provision allows relevant evidence to clarify those expressions so that the court can interpret the document appropriately.

For example, a commercial agreement may use an industry-specific abbreviation. Evidence concerning the relevant trade terminology may help establish the meaning of that abbreviation in the agreement.

Section 101 is an evidentiary rule. It does not independently authorise a court to change the terms of a document or introduce a new agreement.

2. Evidence concerning illegible characters

Illegible characters are letters, symbols or other written marks that cannot be read or deciphered clearly.

A document may contain faded handwriting, unclear symbols or characters that are difficult to distinguish. Evidence may be admitted to establish what those characters mean.

Example: A handwritten agreement contains a word that cannot be read clearly. Evidence from a person familiar with the handwriting or relevant documentary context may help establish the meaning of the characters, subject to the applicable rules of admissibility.

The provision concerns the meaning of the characters. Questions about the authenticity of handwriting, execution of the document or the reliability of a witness may require separate consideration.

3. Evidence concerning characters that are not commonly intelligible

Some characters or symbols may be understandable to a particular person or group but not to ordinary readers.

Examples include specialised symbols, unconventional notation and symbols used within a particular profession or activity.

Section 101 permits evidence to establish the meaning of such characters where that meaning is relevant to interpreting the document.

Example: An agreement contains symbols used in a particular technical process. Evidence from a person familiar with that notation may help the court understand the relevant terms.

4. Foreign expressions

Documents may contain expressions borrowed from another language. The meaning of such expressions may be relevant to understanding the parties’ obligations or intentions.

Section 101 permits evidence to explain foreign expressions where their meaning is not adequately established by reading the document alone.

Example: A commercial agreement contains a foreign-language expression commonly used in a particular trade. Evidence may be given to explain the meaning in which the expression was used.

Also Read: Section 96 BSA: Exclusion of Evidence to Explain Ambiguous Document

The precise meaning must be established through relevant evidence rather than assumed merely because a word has a particular meaning in another language.

5. Obsolete expressions

Obsolete expressions are words or phrases that have fallen out of ordinary use or whose historical meaning differs from their modern meaning.

Older deeds, contracts and other historical documents may contain expressions that are unfamiliar to contemporary readers.

Example: A property document executed many decades ago uses a term that was common in the period but is no longer widely understood. Evidence may be admitted to explain the historical meaning of the expression.

The relevant meaning depends on the context in which the document was created and the evidence available.

6. Technical expressions

Technical expressions are terms associated with a particular profession, trade, science or specialised field.

A word may have one ordinary meaning and a more specific meaning in a technical setting. Section 101 permits evidence to establish the technical meaning where it is relevant to interpreting the document.

Examples include:

• Engineering and construction terminology.
• Commercial and financial expressions.
• Scientific and medical terminology.
• Specialised terms used in a particular trade.
• Technical expressions used in professional agreements.

Example: A construction contract uses a technical term to describe a particular method of measurement. Evidence of the term’s accepted technical meaning may assist the court in interpreting the contract.

7. Local and regional expressions

Local and regional expressions are words or phrases whose meaning may be understood within a particular geographical area, linguistic community or regional practice.

Such expressions may appear in property documents, local transactions, family arrangements and commercial dealings.

Example: A land agreement uses a regional expression to describe a traditional measurement or a particular feature of agricultural land. Evidence may be given to establish how the expression is understood in the relevant region.

The court must examine the relevant usage and context rather than assume that the expression has the same meaning throughout India.

8. Abbreviations

Abbreviations are shortened forms of words, names or expressions. Their meaning may vary depending on the subject matter and context.

Section 101 allows evidence to establish what an abbreviation means when the document does not make its intended meaning sufficiently clear.

Example: A commercial agreement refers to a product or category using an abbreviation that has several possible meanings. Evidence concerning the transaction and the parties’ usage may help establish which meaning was intended.

The evidence must be relevant to the document and cannot be used merely to introduce a meaning inconsistent with the transaction.

9. Words used in a peculiar sense

Sometimes parties use an ordinary word in a special or unconventional sense. The meaning may arise from their particular trade, occupation, relationship or established usage.

Section 101 permits evidence to explain that special meaning.

Example: Two parties engaged in a particular trade use a common word to refer to a specific category of goods. Evidence of their established usage may help establish what the word meant in the agreement.

The provision is especially important where a literal interpretation would not reflect the meaning in which the expression was actually used.

Statutory Illustration: The Meaning of “Mods”

The illustration under Section 101 concerns a sculptor who agrees to sell “all my mods” to another person.

The sculptor owns two categories of items:

Also Read: Section 11 of Bharatiya Sakshya Adhiniyam, 2023: Facts Relevant When Right or Custom Is in Question

• Models.
• Modelling tools.

The expression “mods” does not clearly establish which category the agreement covers. Evidence may therefore be given to show which items the sculptor intended to sell.

The illustration demonstrates three important principles:

1. A document may use an abbreviation or expression that does not clearly identify the intended subject.
2. Evidence may be admitted to explain the meaning of that expression.
3. The purpose is to interpret the existing agreement, not to create a different transaction.

The example also shows that Section 101 is not limited to handwriting or unreadable characters. It covers a broader range of linguistic and interpretive difficulties.

Section 101 vs Section 98 BSA

Sections 98 and 101 both permit evidence to address problems involving documentary language, but their purposes differ.

Basis	Section 98 BSA	Section 101 BSA
Subject	Language that is plain but unmeaning when applied to existing facts	Meaning of illegible or not commonly intelligible characters and specialised expressions
Nature of problem	The description does not meaningfully fit the facts	The characters or words require explanation
Purpose of evidence	To show that the language was used in a peculiar sense because of its application to existing facts	To establish the meaning of the relevant characters, terms or expressions
Example	A deed refers to a house in Kolkata, but the relevant facts point to a house in Howrah	An agreement uses a specialised abbreviation whose meaning needs to be established

Section 98 addresses a mismatch between documentary language and existing facts. Section 101 addresses the meaning of particular characters, words or expressions.

Section 101 vs Section 96 BSA

Section 96 excludes evidence offered to explain or supply defects in language that is ambiguous or defective on the face of a document. Section 101 permits evidence to explain certain characters and expressions.

Basis	Section 96 BSA	Section 101 BSA
Main issue	Facial ambiguity or defect in the document	Meaning of illegible, unfamiliar or specialised characters and expressions
Evidentiary rule	Evidence cannot be used to explain the facial ambiguity or supply its defects	Evidence may be given to establish the meaning of the specified characters and expressions
Example	A written agreement states two alternative prices without identifying the applicable price	A written agreement uses an abbreviation whose meaning depends on a particular trade

These provisions must be applied according to the nature of the problem and the purpose for which the evidence is offered. Section 101 should not be treated as a general exception permitting parties to repair every defective document.

Important Legal Principles and Case Law

Law Commission of India, 185th Report on the Indian Evidence Act

The Law Commission of India’s 185th Report, Review of the Indian Evidence Act, 1872, considered Section 98 of the former Act, which corresponds to Section 101 BSA.

The Report reproduced the provision and its illustration concerning the sculptor’s agreement to sell “all my mods”. It concluded that Section 98 did not require any change.

Relevance to Section 101 BSA: The report supports the conclusion that the underlying evidentiary principle was retained in the new legislation. The BSA changes the expression “provincial expressions” to “regional expressions”, while preserving the provision’s central purpose.

This is a legislative review, not a judicial precedent.

Judicial decisions under the former law

Section 101 substantially carries forward Section 98 of the Indian Evidence Act, 1872. Decisions interpreting the former provision may therefore help explain the corresponding principle, subject to the facts of each case and the wording of the present statute.

However, no directly relevant judgment specifically interpreting Section 101 BSA has been verified for this article. It would be inappropriate to present unrelated decisions as if they directly established the scope of the provision.

Practical Examples of Section 101 BSA

Situation	Application of Section 101
A handwritten document contains characters that cannot be read clearly	Evidence may help establish the meaning of the characters
A contract uses an abbreviation with several possible meanings	Evidence may identify the meaning intended in the transaction
An old property deed uses an obsolete expression	Evidence may explain the expression’s historical meaning
A technical agreement uses a term with a specialised industry meaning	Evidence may establish the relevant technical meaning
A regional property document uses a local term for a traditional measurement	Evidence may establish how the term is understood in the relevant region
A sculptor agrees to sell “all my mods” but owns both models and modelling tools	Evidence may establish which items the expression refers to

These examples are illustrative. The court must determine whether the evidence is relevant and admissible in the circumstances.

Importance of Section 101 BSA

Section 101 plays an important role in documentary interpretation for several reasons:

1. Clarifies specialised language: It helps courts understand terms that are not commonly intelligible.
2. Supports interpretation of historical documents: It permits evidence concerning obsolete expressions and older terminology.
3. Addresses regional usage: It recognises that words may have specialised meanings within particular linguistic or geographical communities.
4. Helps resolve abbreviations: It allows evidence to establish what a shortened expression means in a particular transaction.
5. Improves accuracy in interpreting documents: It helps courts determine the meaning of language in context instead of relying exclusively on ordinary dictionary meanings.

Key Points for Law Students and Judiciary Exams

• Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 deals with evidence concerning the meaning of illegible characters and other expressions.
• It substantially corresponds to Section 98 of the Indian Evidence Act, 1872.
• Evidence may be given concerning illegible or not commonly intelligible characters.
• The provision also covers foreign, obsolete, technical, local and regional expressions.
• Abbreviations and words used in a peculiar sense are expressly included.
• The statutory illustration concerns a sculptor agreeing to sell “all my mods”.
• The purpose is to establish the meaning of the language used, not to rewrite the document.
• The expression “provincial expressions” in the former law was replaced with “regional expressions” in the BSA.
• The Law Commission of India’s 185th Report concluded that the predecessor provision did not require any change.
• Section 101 should be distinguished from Section 96, which excludes evidence offered to explain or supply defects in a document ambiguous on its face.

Frequently Asked Questions (FAQs)

What is Section 101 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 101 permits evidence to establish the meaning of illegible or not commonly intelligible characters, foreign and obsolete expressions, technical terminology, local and regional expressions, abbreviations, and words used in a peculiar sense.

Which section of the Indian Evidence Act corresponds to Section 101 BSA?

Section 101 BSA substantially corresponds to Section 98 of the Indian Evidence Act, 1872.

What is the illustration under Section 101 BSA?

A sculptor agrees to sell “all my mods” but owns both models and modelling tools. Evidence may be given to establish which category the sculptor intended to sell.

Can technical terms be explained through evidence under Section 101 BSA?

Yes. Evidence may be admitted to establish the meaning of technical expressions where the terms are relevant to interpreting the document.

Does Section 101 BSA apply to abbreviations?

Yes. The provision expressly permits evidence to establish the meaning of abbreviations used in a document.

What is the difference between Sections 98 and 101 BSA?

Section 98 deals with language that is plain but unmeaning when applied to existing facts. Section 101 addresses the meaning of illegible or unfamiliar characters and expressions, including technical terms, abbreviations and words used in a peculiar sense.

Did the BSA change the wording of Section 98 of the former Evidence Act?

The corresponding provision was substantially retained. One terminology change replaced “provincial expressions” with “regional expressions”.

Conclusion

Section 101 of the Bharatiya Sakshya Adhiniyam, 2023 allows evidence to clarify the meaning of illegible characters, specialised terminology, foreign and obsolete expressions, local and regional language, abbreviations and words used in a peculiar sense.

The provision recognises that the meaning of documentary language may depend on context, professional usage, historical terminology or regional practice. By permitting relevant explanatory evidence, it helps courts interpret documents accurately without creating a general right to alter their terms.