IEA 99→BSA 102

IEA 99 to BSA 102: Who may give evidence of agreement varying terms of document

Section 99 IEA (1872) replaced by Section 102 BSA (2023)

View IEA Section 99 →View BSA Section 102 →

IEA 99 to BSA 102 at a Glance

Section 99 IEA (Who may give evidence of agreement varying terms of document) is now Section 102 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 99 to BSA 102?

Section 99 of the Indian Evidence Act, 1872 became Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. An apostrophe was corrected in the illustration.

IEA 99 vs BSA 102: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section99102
HeadingWho may give evidence of agreement varying terms of documentSame

IEA 99 and BSA 102: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 99, IEA 1872

99. Who may give evidence of agreement varying terms of document.—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.
BSA 2023 (in force)

Section 102, BSA 2023

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

When It Applies: IEA 99 vs BSA 102

Under IEA 99
  1. The person offering the evidence is neither a party to the document nor a representative in interest of a party.
  2. The evidence consists of facts that point toward a separate agreement made at the same time as the document.
  3. The separate agreement alters or modifies the terms set out in the document.
  4. As shown in the statutory illustration, the separate agreement affects the interests of the non-party seeking to prove it.
Under BSA 102
  1. The person giving the evidence is neither a party to the document nor a representative in interest of a party.
  2. The evidence covers facts that point toward a separate agreement made at the same time as the document.
  3. The separate agreement modifies or alters the terms written in the document.
  4. As shown in the statutory illustration, the separate agreement affects the interests of the non-party offering the evidence.

What IEA 99 to BSA 102 Means in Practice

Section 99 IEA became Section 102 BSA on 1 July 2024 with no substantive change, apart from a corrected apostrophe in the illustration. The same rule applies, and a person in court should cite Section 102 BSA for matters governed by the BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·