Who may give evidence of agreement varying terms of document
Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 102, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 99 Who may give evidence of agreement varying terms of document Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 102
What does Section 102 of the Bharatiya Sakshya Adhiniyam deal with?
Section 102 of the Bharatiya Sakshya Adhiniyam is headed "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.
How do I find court cases under Section 102 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 102, section 102 BSA, section 102 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 102. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 102 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 99 (Who may give evidence of agreement varying terms of document), so the judgments decided under that provision are the case law on this one.
When did Section 102 of the Bharatiya Sakshya Adhiniyam come into force?
Section 102 of the Bharatiya Sakshya Adhiniyam, cited as BSA 102, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.