Section 102 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the admissibility of evidence regarding contemporaneous agreements that may vary the terms of a written document.(myjudix.com)
📜 Text of Section 102
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.(aaptaxlaw.com)
🧠 Explanation
Section 102 permits individuals who are not direct parties to a written document, or those who have a vested interest in the document's subject matter, to provide evidence of contemporaneous (simultaneous) agreements that alter or add to the terms of the original document.
This section recognizes that written contracts may not always capture the entirety of the parties' intentions or agreements. Therefore, it allows for the introduction of oral or other forms of evidence to demonstrate that there were contemporaneous agreements that modify or supplement the written terms.(sudhirrao.com)
⚖️ Practical Application
Third-Party Testimony: If a third party has knowledge of an agreement that modifies the terms of a written contract, they may testify about that agreement.
Supplementing Written Agreements: Oral agreements made at the same time as a written contract can be introduced to clarify or modify the written terms, provided they do not contradict the written document.
Protecting Interests: Individuals with a direct interest in the subject matter of the document, even if not parties to the document itself, can provide evidence of contemporaneous agreements affecting the document's terms.(sudhirrao.com)
🧾 Illustration
Scenario: A and B enter into a written contract where B agrees to sell a specific quantity of cotton to A, with payment to be made upon delivery. Simultaneously, they have an oral agreement that A will receive a three-month credit.(kanoongpt.in)
Application: While A and B cannot introduce the oral agreement to alter the written contract between themselves, a third party, C, who has an interest in the transaction, may testify about the oral agreement to demonstrate its impact on C's interests.
Summary:
Section 102 of the Bharatiya Sakshya Adhiniyam, 2023, allows for the introduction of evidence regarding contemporaneous agreements that vary the terms of a written document, provided the evidence is presented by individuals who are not parties to the document but have a vested interest in its subject matter. This provision ensures that all relevant agreements are considered, even if they are not captured in the written document.(myjudix.com)
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