INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
99. Who may give evidence of agreement varying terms of document.
102. Who may give evidence of agreement varying terms of document.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
99. 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.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
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.
Current law India Code — BSA 2023