Bharatiya Sakshya Adhiniyam, 2023 · Chapter VI: Of the Exclusion of Oral Evidence by Documentary Evidence
Section 102: Who may give evidence of agreement varying terms of document
In plain words
People who are not parties to a document, or their representatives, can give evidence of facts showing an agreement made at the same time that varies its terms, even though the parties themselves could not.
Example: A and B agree in writing that B sells A cotton, payable on delivery, and orally agree on three months' credit. This cannot be shown between A and B, but C can show it if it affects C's interests.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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 sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 102
No Supreme Court judgment in our database cites this section yet.