Chapter VI of The Indian Evidence Act, 1872 Deals With The Provisions of Exclusion

Chapter VI of the Indian Evidence Act, 1872 deals with the provisions of exclusion
of oral evidence by documentary evidence. This whole topic is covered under section

91 to section 100 of the Act.
Oral and Documentary Evidence
Oral Evidence
The evidence which is confined to the words spoken by mouth is the oral evidence. If
oral evidence is worthy of credit, it is sufficient to prove a fact or a title without any
documentary evidence. The provisions related to oral evidence are given
under Chapter IV of the Indian Evidence Act, 1872. Oral evidence of a witness can
be considered doubtful if it is in contradiction with the previous statement.
Documentary Evidence
The provisions related to the documentary evidence are provided under Chapter-V of

the Indian Evidence Act, 1872. Section 3 of the Act defines the term “document”.
Any matter which is expressed or described on any substance by means of letters,
figures or remarks or by more than one means and which can be used for recording
the matter is considered as a “document”.
Generally, the most common document which we have to deal with is described by
letters. The documents are written in any language of communication such as Hindi,
English, and Urdu etc.
The documents produced before the court as evidence are the documentary evidence
and there must primary or secondary evidence to prove the contents of the documents.
Primary evidence has been defined under section 62 of the Indian Evidence Act and
it means the original document when itself produced before the court for the
inspection.
The secondary evidence has been defined under section 63 of the Act. The secondary
evidence is the certified copy of the evidence or copy of original documents.
Secondary evidence also includes the oral accounts given by a person about the
contents of the document who has himself seen it.
Difference between Oral Evidence and Documentary Evidence
S.No
Oral Evidence Documentary Evidence
.
When a document is produced before the court

Oral evidence means the statements which are
1. then such document is considered as
given by a witness before the court.
documentary evidence.
It is a statement submitted through the

2. It is the statement of a witness in oral form.
documents.
In the oral evidence are stated through voice, The documents are composed of words, signs,
3. speech or symbols for its recording before the letters, figures and remarks and submitted before
court. the court.
The oral evidence is discussed under section The provisions related to the documentary
4. 59 and section 60 of the Indian Evidence evidence has been discussed under section
Act. 61 to section 66 of the Indian Evidence Act.
The oral evidence is required to be direct and The contents of the documentary evidence need
5. it becomes doubtful if the statement to be supported by primary or secondary
contradicts with the previous statement. evidence.
Exclusion of oral evidence by documentary evidence
Evidence reduced in the form of document :
Section 91 of the Indian Evidence Act, 1872 lays down the provision that when
evidence related to contracts, grants and other depositions of the property is reduced
as a document, then no evidence is required to be given for proof of those matters
except the document itself. In the cases where the secondary evidence is admissible
then such secondary evidence is admissible.
There are certain kinds of contracts, grants and other depositions which can be created
orally and they do not require any document.
Illustration
A sells his Dog for Rs. 100 to B: In this case no written deed is compulsory.
B wants to mortgage the dog for Rs. 100 to C: No written deed is mandatory.
B pays Rs. 100 to C and takes back the possession of the dog.
All of the above-mentioned transaction will be valid even without a written deed.
But, there are many documents and matters of the court which are considered
mandatory by the law to be in writing and registered, e.g. judgement and decrees, the
deposition of witnesses, when an accused person is examined etc.
Orally, many contracts, grants and other depositions can be affected but reducing the
terms of the contract on which the party agrees in a document is considered to be the
best evidence for the terms of that contract. When reduced to documents, it acts as the
best evidence. Even if the document is lost or in adversary possession secondary
evidence as described under section 65 can be produced before the court.
The principle behind section 91
Section 91 of the Evidence Act, lays down the provision for the situation when the
terms of the contract, grant or depositions of properties have been reduced in the
document even though it is required under law to be reduced into the document. In
this condition, if the proof is required, the document itself is required to be produced
or if the secondary evidence is admissible then the secondary evidence can be used.
Rules to be followed for the exclusion of oral evidence by documentary evidence
The admission of the oral evidence for proving the contents of a document is excluded
under section 91 except where the secondary evidence is considered admissible. The
oral evidence is also excluded under section 92 for contradicting the terms of a
contract where the deed is proved. So, the rules laid down by these sections can be
considered as an exclusive rule as held in the case of Raja Ram Jaiswal v. Ganesh
Prasad.
According to the rule laid down under section 91 of the Indian Evidence Act, no
evidence can be produced before the court to prove the statement when the terms of a
contract are reduced in writing except the document itself and under certain
circumstances, the secondary evidence.
The oral evidence excluded under section 91 in case of a deed only when the deed
contains the terms of a contract or some property is disposed of through it or the law
binds the contents of the document to be in writing. As held in the case of Tahuri
Shal v. Jhunjhunwala, a law does not make the adoption to be in writing mandatory.
The deed of adoption is just a record of the fact adoption has taken place. No rights
are created by it. It is no more than a piece of evidence and when a party fails to
produce it, the law does not bar him from producing oral evidence.
Any matter required to be in writing by law
When a particular matter is required to be in writing by law then it cannot be

substituted by oral evidence. Some of the examples of the documents that are required
to be in writing by law are judgements, an examination of witnesses in civil as well as
criminal cases, deeds of conveyance of land, deed for partition, a will and many more.
Exceptions to Section 91
Exception 1: Appointment of a public officer by the way of writing
As per the general rule, to prove the content of writing, the writing itself is required to
be produced before the court and in case of its absence, secondary evidence may be
given. But, there is an exception to this rule. When a public officer is appointed and
the appointment is required to be made in writing and if it is shown before the court
that some person has acted as the officer by whom the person has been appointed,
then the writing by which he has been appointed needs not to be proved.
Illustration
A question arises whether A is a judge of the High Court, then the warrant of
appointment is not required to be proved. The fact that he is working as a judge of the
High Court will be proved.
The fact that a person is working in the due capacity of his office is also evidence of
that person’s appointment in the office.
Exception 2: When probate has been obtained on the basis of a will
Another exception of the general rule of the writing to be produced itself is that when
on the basis of will probate has been obtained and if later, the question arises on the
existence of that will, the original will is not required to be produced before the court.
This exception requires to prove the contents of the will by which the probate is
granted. The term “probate” stands for the copy of a certificate with the seal of the
court granting administration to the estate of the testator.
The probate copy of the will is secondary evidence of the contents of the original will
in a strict sense but it is ranked as primary evidence
Explanations under Section 91
The explanations of section 91 state that it is not necessary for a written document to
be comprised in a single document. A contract or grant which is executed can be in a
single document or can be comprised of several documents. Section 91 applies in both
conditions i.e., whether the contracts are comprised of a single document or in several
documents.
Another explanation laid down under section 91 is that when there is more than one
original document, then only one of them is required to be presented before the court.

Chapter VI of The Indian Evidence Act, 1872 Deals With The Provisions of Exclusion

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Chapter VI of The Indian Evidence Act, 1872 Deals With The Provisions of Exclusion

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Chapter VI of the Indian Evidence Act, 1872 deals with the provisions of exclusion

of oral evidence by documentary evidence. This whole topic is covered under section

Oral and Documentary Evidence

The provisions related to the documentary evidence are provided under Chapter-V of

Difference between Oral Evidence and Documentary Evidence

When a document is produced before the court

It is a statement submitted through the

Exclusion of oral evidence by documentary evidence

Evidence reduced in the form of document :

The principle behind section 91

Any matter required to be in writing by law

When a particular matter is required to be in writing by law then it cannot be

Exception 1: Appointment of a public officer by the way of writing

Exception 2: When probate has been obtained on the basis of a will

Explanations under Section 91

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