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

Bharatiya Sakshya Adhiniyam, 2023

Section 102 BSA at a Glance

Section 102 BSA deals with who may give evidence of agreement varying terms of document. It replaced Section 99 IEA on 1 July 2024.

Was IEA

Section 99 →

Section 102 BSA Bare Act Text

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.

Source: Section 102, Bharatiya Sakshya Adhiniyam, 2023

Section 102 BSA in Simple Words

Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 lets an outsider to a written document give evidence of a simultaneous agreement that changes the document. This rule applies from 1 July 2024 to people who are neither parties to the document nor their representatives in interest (people who succeed to the rights of a party).

Under the Adhiniyam, these people can prove any facts that point to a contemporaneous agreement (an agreement made at the same time as the document). That separate agreement must vary the terms written in the document, such as an oral arrangement made alongside a written contract.

In the statutory illustration, contracting parties sign a written contract for selling cotton with payment due upon delivery. At the same time, the contracting parties make an oral agreement giving the buyer three months credit. The contracting parties cannot prove this oral credit arrangement against each other, but an outsider can prove it if the arrangement affects the interests of that outsider.

When Section 102 BSA Applies

  • The person giving the evidence is neither a party to the document nor a representative in interest of a party.
  • The evidence covers facts that point toward a separate agreement made at the same time as the document.
  • The separate agreement modifies or alters the terms written in the document.
  • As shown in the statutory illustration, the separate agreement affects the interests of the non-party offering the evidence.

Example of Section 102 BSA

In August 2024 in Jaipur, Priya faces a claim over warehouse goods covered by a written supply contract between Farhan and Anita. The written contract states that ownership of the timber stock transfers only after full payment is made. At the same time, Farhan and Anita orally agree that ownership of the timber stock passes immediately upon delivery to the warehouse. Because this simultaneous oral agreement affects the interests of an outsider, Section 102 BSA lets Priya prove the oral arrangement in the Jaipur dispute over those warehouse goods.

When Section 102 BSA Does Not Apply

  • The contracting parties to the document cannot use Section 102 BSA to prove the simultaneous oral agreement as between themselves.

Section 102 BSA in the IEA (Previous Law)

Section 102 BSA replaces Section 99 IEA from the old criminal code.

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.

FAQs on Section 102 BSA

What is Section 102 BSA?▼

Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that lets strangers to a document, or their representatives in interest, give evidence of a simultaneous agreement varying the written terms. While the contracting parties cannot prove that separate agreement against each other, an outsider can prove it if the agreement affects the interests of that outsider.

Can an outsider to a written contract prove a simultaneous oral agreement under Section 102 BSA?▼

Yes. Section 102 BSA lets a person who is neither a party to a document nor a representative in interest of a party prove facts showing a contemporaneous agreement that changes the written terms. The statutory illustration shows that the outsider can prove an oral agreement made at the same time if it affects the interests of that outsider.

Can the parties who signed the written contract use Section 102 BSA to prove an oral variation against each other?▼

No. Section 102 BSA applies only to people who are neither parties to the document nor their representatives in interest. As stated in the statutory illustration, a simultaneous oral agreement changing the written contract cannot be shown as between the contracting parties themselves.

What is Section 102 BSA in IEA?▼

Section 99 IEA. Section 99 IEA became Section 102 BSA on 1 July 2024 without any substantive change, with only an apostrophe corrected in the illustration.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·