Evidence Act · Chapter VI · Of the exclusion of oral by documentary evidence

Evidence Act section 99 in the BSA

Evidence Act 99BSA 102

Evidence Act section 99, “Who may give evidence of agreement varying terms of document”, is now BSA section 102 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 99 to BSA 102

The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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.

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.

Bharatiya Sakshya Adhiniyam, 2023

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).