Meaning and Legal Basis
Ambiguity refers to a situation where the language used in a document, statement, or contract is unclear, uncertain, or capable of more than one interpretation. The Indian Evidence Act, 1872, addresses ambiguity under Sections 93 to 98, which classify and guide the interpretation of ambiguous documents. Ambiguity may arise due to defective wording, incomplete expressions, or contradictions. Courts distinguish between patent ambiguity, which appears on the face of the document, and latent ambiguity, which becomes apparent only when external circumstances are considered. The objective of the law is to discover the true intention of the parties while maintaining the integrity of written documents. Courts generally do not permit oral evidence to explain patent ambiguity but allow extrinsic evidence to resolve latent ambiguity. Thus, ambiguity plays a crucial role in interpreting legal documents, wills, deeds, and contracts.
Types of Ambiguity and Legal Treatment
Ambiguity is of two major types: patent ambiguity and latent ambiguity. Patent ambiguity, addressed in Sections 93 and 94, appears directly on the face of the document—for example, vague or contradictory clauses. Courts do not allow oral evidence to remove such defects since the ambiguity is inherent. Latent ambiguity, described under Sections 95 to 98, arises when a document appears clear but uncertainty emerges when applied to external facts. In such cases, oral and extrinsic evidence may be admitted to resolve confusion. The law aims to protect authenticity while ensuring that the real meaning of the parties is not lost due to imperfect drafting. These provisions help courts balance between the rigidity of written terms and flexible interpretation to achieve justice.
Evidentiary Value and Limitations
Ambiguity affects the evidentiary value of documents by requiring courts to carefully interpret their meaning. Documents with patent ambiguity are often considered unreliable unless supported by independent evidence. Courts cannot rewrite a document, add missing terms, or supply meaning that the parties never intended. However, where latent ambiguity exists, the court may consider external facts, expert opinions, and conduct of parties to clarify intent. Ambiguity does not invalidate a document automatically, but it does weaken its interpretative strength. Courts emphasize clarity, precision, and the proper use of language to avoid litigation arising from uncertain terms. The limitations ensure that ambiguity cannot be used as a tool to misconstrue meaning, evade responsibility, or create rights not intended by the parties.
Real-Time Example
A will states, “I give my land to my nephew Ram,” but the testator has two nephews named Ram. The document appears clear but becomes ambiguous when applying it to reality. This is latent ambiguity, and the court may allow evidence such as family relations, prior statements of the testator, or surrounding circumstances to determine which Ram was intended. Conversely, if the will says, “I give some of my land to Ram,” without specifying extent or boundaries, it creates patent ambiguity, which the court cannot resolve by adding words or allowing oral explanations. This example demonstrates how different types of ambiguity affect admissibility and interpretation under Sections 93–98.
Mnemonic to Remember – “PAL-SEC”
P – Patent ambiguity (Sections 93–94)
A – Appears on the face of the document
L – Latent ambiguity (Sections 95–98)
S – Surrounding circumstances allowed only for latent ambiguity
E – Extrinsic evidence not allowed for patent ambiguity
C – Court interprets intention, not rewrite documents
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