VidhiSangh

Bharatiya Sakshya Adhiniyam, 2023

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

Chapter VI — Of the Exclusion of Oral Evidence by Documentary Evidence

102. 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.

Source: official text of the Bharatiya Sakshya Adhiniyam, 2023 (Ministry of Home Affairs).