S
Sahaj Vidhi
Delhi APO 2005

Which of the following statements is correct? (A) Section 91 of the Indian Evidence Act does not apply to third parties (B) Section 91 of the Indian Evidence Act does not apply to criminal cases (C) Section 91 of the Indian Evidence Act does not apply if there is not completed contract (D) Section 91 of the Indian Evidence Act does not apply to a contract if it cannot be specifically enforced

Verified Answer
A. Section 91 of the Indian Evidence Act does not apply to third parties
B. Section 91 of the Indian Evidence Act does not apply to criminal cases
C. Section 91 of the Indian Evidence Act does not apply if there is not completed contract
D. Section 91 of the Indian Evidence Act does not apply to a contract if it cannot be specifically enforced

Explanation:

Section 91 applies when the terms of a contract, grant, or other disposition of property *have been reduced to the form of a document*. If a contract is not completed, it implies that the document may not be the final and complete repository of the agreed-upon terms, or that the agreement itself is still inchoate. In such a situation, the rule of exclusion under Section 91 might not apply to prevent the admission of other evidence regarding the terms.