Section 102
Who may give evidence of agreement varying terms of document
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 102 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter VI: Of the exclusion of oral by documentary evidence), with the matching section of the Indian Evidence Act, 1872.
Section 102, 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.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 102 replaces Section 99 of the Indian Evidence Act, 1872 (“Who may give evidence of agreement varying terms of document”). The wording is substantially the same as the earlier section. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 100 — Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- Section 101 — Evidence as to meaning of illegible characters, etc
- Section 103 — Saving of provisions of 39 of 1925. Indian Succession Act relating to wills
- Section 104 — Burden of proof
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 102