PART III ON PROOF · CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Section 102: Who may give evidence of agreement varying terms of document

The Bharatiya Sakshya Adhiniyam, 2023

Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Illustration.

A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

102	99. Who may give evidence of agreement varying terms of document.

Questions on this section

1 question in 4 of our papers cite Section 102. Try these from the free papers:

1. Under Section 102 of the BSA, evidence of facts tending to show a contemporaneous agreement varying the terms of a document may be given by:

Practise questions on Bharatiya Sakshya Adhiniyam