91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
92. Exclusion of evidence of oral agreement.

Both the section is based upon the same principle that superiority of documentary evidence to oral evidence .

In certain cases, oral evidence is excluded by documentary evidence and the same is ‘the best evidence’. Where the demonstration is exemplified in a record, the record is the best proof of the reality.

The maxim of law is “whatever is recorded as a hard copy must be demonstrated in the form of hard copy only”.

The best evidence rule does not demand the greatest amount of evidence which can possibly be given of any fact, but its desire is to prevent the introduction of any evidence than the document itself

The Chapter VI of Evidence Act begins with Section 91. It deals with the exclusion of oral evidence by documentary evidence. It contains

Under this Section 91 of Evidence Act,

• (1) when the terms of
  • (a) a contract,
  • (b) a grant; or
  • (c) anydisposition of property, have been reduced to the form of a  document; or
• (2) where any matter is required by law to be reduced to the formof a document, then
  • (a) the document itself, or
  • (b) secondary evidenceof  itscontents, must be put in evidence.

EXCEPTIONS TO SECTION 91 :­

1. APPOINTMENT OF PUBLIC OFFICER :
2. WILLS  ADMITTED TO PROBATE :

EXPLANATIONS TO SECTION 91

1. TRANSACTIONS IN ONE OR MORE THAN ONE   DOCUMENTS. — [EXPLANATION 1]:
2. MORE THAN ONE ORIGINAL.—[EXPLANATION 2]
3. EXTRANEOUS FACTS IN DOCUMENTS.—[EXPLANATION 3]

(2)  when   any   matter   required   by   law   to   be   reduced   to   the form of a document, have been proved by the production of the document or by giving secondary evidence of its contents, no evidence of any oral agreement or statement shall be admitted as   between   the   parties   to   any   such   document   or   their representatives in interest, for the purpose of

• (i) contradicting,
• (ii) varying,
• (iii) adding to, or
• (iv) subtracting from, its terms.

EXCEPTIONS TO SECTION 92 :
­There are six exceptions to this section

1. The facts which invalidate the document
2. Separate oral agreement
3. Separate oral agreement as a condition precedent
4. Distinct oral agreement made subsequently to renew  or modify the contact
5. Any   usage   or   customs   by   which   incidents   not mentioned in any contract are usually annexed to contract
6. Extrinsic evidence of surrounding circumstances

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