The question (15 marks)
Explain the rule that oral evidence may not be given to contradict, vary, add to or subtract from the terms of a written instrument, and discuss the exceptions to it under the Bharatiya Sakshya Adhiniyam, 2023. (15 marks)
Module II, exclusion of oral by documentary evidence
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Proof and Burden of Proof of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023).
Authorities you will need
- BSA s. 94 (IEA s. 91), with Exceptions 1 and 2 and Explanation 3
- BSA s. 95 (IEA s. 92) and its seven provisos
- BSA s. 95, Illustration (h)
- BSA ss. 96 to 101 (IEA ss. 93 to 98)
- BSA s. 102 (IEA s. 99); s. 103 (IEA s. 100)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.