Proviso 6 to Section 92 of Indian Evidence Act will not be applicable if the document is straight forward with no Ambiguity.
05 Jun 2021 04:51 pm
7th May 2021 Supreme Court
Section 92 of Indian Evidence Act, 1972.
Justices: CJI NV Ramana, Justice Surya Kant and Aniruddha Bose.
It was stated by Chief Justice of India NV Ramana- It was manifest from these two sections that it is only in cases where the terms of the document leave the question in doubt, then resort could be had to the proviso. But when a document is a straightforward one and presents no difficulty in construing it, the proviso does not apply. In this regard, we may state that section 95 only builds on the proviso 6 of section 92.
It was further stated by Justice Surya Kant and Aniruddha Bose that if the contrary view is adopted as correct it would render section 92 of the Evidence Act, otiose and also enlarge the ambit of proviso beyond the main section itself. Such interpretation, provided by the High Court violates basic tenants of legal interpretation. Section 92 specifically prohibits evidence of any oral agreement or statement which would contradict, vary, add or subtract from its terms. If, as stated by the learned Judge, oral evidence could be received to show that the terms of the document were really different from those expressed therein, it would amount to according permission to give evidence to contradict or vary those terms and as such it comes within the inhibitions of section 92. It could not be postulated that the legislature intended to nullify the object of section 92 by enacting exceptions to that section.
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