Indian Evidence Act, 1872 · Chapter VI: Of the Exclusion of Oral by Documentary Evidence
Section 91: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
When the terms of a contract, grant or other disposition of property have been put into a document, or the law requires a matter to be in writing, those terms can be proved only by the document itself, or by secondary evidence where allowed.
- The written appointment of a public officer need not be proved if the person is shown to have acted as such.
- Wills admitted to probate in India can be proved by the probate.
- Oral evidence is still allowed of other facts mentioned in the document.
Example: If a contract is contained in several letters, all the letters must be proved.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Exception 1.––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 officer, the writing by which he is appointed need not be proved.
Exception 2.–– Wills [admitted to probate in [India]] may be proved by the probate.
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 need 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.
Illustrations
(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.
Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 91
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Annaya Kocha Shetty (Dead) Through Lrs v. Laxmibai Narayan Satose Since Deceased Through Lrs & Others
Issue arose as regards the correctness of the order passed by the High Court in revision application confirming the judgment of the appellate bench whereby decree of the trial court was reversed; and whether the…
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
- Sarvesh Bisaria v. Rajesh Prasad
- Sarvesh Bisaria v. Naresh Hem Rajani
- Dr. R.N. Gupta Technical Educational Society Through Its Chairman Shri Devendra Gupta & Anr v. M/S Intec Capital Limited Through Its Director
- Jain Irrigation Systems Limited v. M/S. Pragyawan Technologies Private Limited
- M/S. Akn Developers Private Limited v. M/S. Premsons Southend
- Bajrang Prasad (Deceased) Thr Lrs & Anr v. Ram Niwas
- Rajneesh Kumar Sharma v. Jagannath Sharma (Deceased) Thr Lrs & Ors
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Maharaj Singh & Ors. v. Karan Singh (Dead) Thr. Lrs. & Ors.
Can the contention that the suit agreement was sham and bogus and not intended to be acted upon be allowed to be raised notwithstanding Sections 91 and 92 of the Evidence Act; Was the suit agreement sham and bogus and…
- Pankaj Goel v. State ( Through Cbi)
- Bharat Petroleum Corporation Limited v. Rajinder Singh Joon & Ors
- Bharat Petroleum Corporation Limited v. Rajinder Singh Joon & Ors
- Rakesh Mohan Agarwal v. Union of India & Anr
- Shri Sanjeev Joon v. Shri Surender Basoya
- Shri Sanjeev Joon v. Shri Surender Basoya & Anr
- Satish Chander Yadav (Thr Lrs) & Ors v. Lt Col Gaj Singh Through Lrs & Ors
- National Agricultural Cooperative Marketing Federation Ltd v. Avneet Goel
- Usha Bansal v. M/S Genesis Finance Co.Ltd
- Sanjeev Bansal v. M/S Genesis Finance Company Ltd
- Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Anr.
- Shri Suresh Kumar v. Shri Praveen Kumar & Ors
- Parmod Kumar & Anr v. Parveen Kumar & Ors
- Surender Mann v. State Through Sho
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Krishan Kumar and Anr. v. The State of
Conviction of the appellants-accused u/ ss.201, 300, 302, IPC r/w s.34 based on circumstantial evidence, consisting of evidence of last seen, extra judicial confession, recovery of w eapon of offence and motive, if…
- Sh. Shokeen Khan v. Sh. Jai Singh
- Kundan Singh v. Central Bureau of Investigation ( Cbi)
- Metro Machinery Traders & Anr v. State Trading Corporation of India Ltd
- Capt (Retd) Inderbir Singh Uppal v. Manu Nayyar
- Damodhar Narayan Saw Ale (D) Through Lrs. v. Shri
- Vipen Kumar Parwanda v. Mrs Gunjan Kumar & Anr
- Sarita Parwanda v. Gunjan Kumar & Anr
- Santosh Devi Mittal v. Shalini Keswani & Ors
- Santosh Devi Mittal v. Smt Shalini Keswani & Ors
- Jai Parkash Tyagi & Anr v. Mcd
- Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan
- V. Anantha Raju & Anr v. T.M. Narasimhan & Ors.
- Korukonda Chalapathi Rao & Anr. v. Korukonda Annapurna Sampath Kumar
- Placido Francisco Pinto (D) by Lrs. & Anr v. Jose Francisco Pinto & Anr.
- Narayan Sitaramji Badwaik (Dead) Through Lrs v. Bisaram and Others
- Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by Lrs
- Shyam Narayan Prasad v. Krishna Prasad and Ors.
- Kalpana Mehta and Others v. Union of India and Others
- Subraya M.N. v. Vittala M.N. & Ors.
- C.B.I. v. Ashok Kumar Aggarwal
- State of Punjab v. Harjagdev Singh
- State of Orissa and Ors. v. Harapriya Bisoi
- Vimal Chand Ghevarchand Jain & Ors. v. Ramakant Eknath Jajoo
- Shri Najmuddin & Ors. v. Union of India & Ors.
- Hanuman Ram v. The State of Rajasthan and Ors.
- Asokan v. Lakshmikutty & Ors.
- Iddar and Ors. v. Aabida and Anr.
- Rama Paswan and Ors. v. State of Jharkhand
- M/S. Bhandari Construction Company v. Narayan Gopal Upadhye
- Ram Singh v. Sonia and Ors.
- M.D., M/S. Hindustan Fasteners Pvt. Ltd. v. Nashik Workers Union
- Tulsi and Ors. v. Chandrika Prasad and Ors.
- State Bank of India and Anr. v. Mula Sahakari Sakhar Karkhana Ltd.
- Zahira Habibullah Sheikh and Anr . v. State of Gujarat and Ors.
- Bishwanath Prasad Singh v. Rajendra Prasad and Anr.
- Shiva Nath Prasad v. State of West Bengal and Ors.
- R. Janakiraman v. State Represented by Inspector of Police, Cbi, Spe, Madras
- Roop Kumar v. Mohan Thedani
- Gurdial Singh and Ors. v. Raj Kumar Aneja and Ors.
- State Through Superintendent of Police, Cbi/Sit Etc. v. Nalini and Ors. Etc. Etc.
- Hindu Public and Anr. v. Rajdhani Puja Samithee and Ors.
- Mis. Fabril Gasosa v. Labour Commissioner and Ors.
- New India Assurance Company Ltd. v. Shri Kusumanchi Kameshwara Rao and Anr.
- Tamil Nadu Electricity Board and Anr. v. N. Raju Reddiar and Anr.
- Mohan Lal Shamlal Soni v. Union of India and Another
- Anayatullah and Ors. v. Commissioner of Muslim Wakf of Jammu
- Duli Chand (Dead) by L.Rs. v. Jagmender Dass
- Roshan Singh & Ors. v. Zile Singh & Ors.
- Azad Singh & Others v. Barkat Ullah Khan & Others
- Gangabai W/O Rambilas Gilda v. Chhabubai W/O Pukharajji Gandhi
- Mahindra & Mahindra Ltd. v. Union of India & Anr.
- Hindustan Lever Ltd., Bombay v. The Monopolies & Restrictive Trade Practices Commission, New Delhi & Ors.
- Veeramachineni Gangadbara Rao v. Andhra Bank Ltd. & Ors.
- Sidromani & Ors. v. Hem Kumar & Ors.
- Bai Hira Devi and Others v. The Official Assignee of Bombay